PCRLJ 1989

1989 P Cr (PLP)

MUHAMMAD RAMZAN — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
Criminal Bail Application No. 1261 of 1988, decided on 16th January, 1989.
Honorable Judges
Muhammad Mazhar Ali, J
Case Reference Summary (AEO Optimized)
Citation 1989 P Cr (PLP)
Forum / Court Karachi
Bench Members Muhammad Mazhar Ali, J
Parties MUHAMMAD RAMZAN — Petitioner Versus THE STATE — Respondent
Primary Law Criminal Procedure Code (V of 1898)
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1989 P Cr (PLP)?

This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1989 P Cr (PLP)?

The case was heard and decided by the Karachi bench comprising: Muhammad Mazhar Ali, J.

Q3: What is the official citation format for this judgment on Pakistan Law Portal?

Cite this legal precedent as: 1989 P Cr (PLP) (MUHAMMAD RAMZAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Salahuddin Khan for Petitioner.

Headnotes / Summary

S. 497--Prohibition (Enforcement. of Hadd) Order (4 of 1979), Art.4--Bail, grant of--Twenty grams of heroin recovered from accused--Result of sample sent to Chemical Examiner not received--Accused in custody for about six months- Bail granted in circumstances. Abdul Ghafoor Mangi for the State.

Judgment & Decree

S. 497--Prohibition (Enforcement. of Hadd) Order (4 of 1979), Art.4--Bail, grant of--Twenty grams of heroin recovered from accused--Result of sample sent to Chemical Examiner not received--Accused in custody for about six months- Bail granted in circumstances. Salahuddin Khan for Petitioner. Abdul Ghafoor Mangi for the State. This-bail application has been presented on behalf of Muhammad Ramzan son of Muhammad Amin who, as per F.I.R. was found to be in possession of 20 grams of heroin. The accused was arrested on 19-7-1988 and it is since then that he is in custody. The first remand was obtained by the police on 20-7-1988 on the ground that the material recovered from his possession had been sent to the Chemical Analyser. The learned AA.-G. states that the report has not yet been received from the Chemical Analyser. He, however, prays that a fortnight's time may be given to him to get the report from the Chemical Analyser. The counsel for the applicant, on the other hand, vehemently contends that the applicant is behind the bar for the last seven months and it is a fit case for grant of bail. He seeks to place reliance on a decision of Lahore High Court reported in 1986 P Cr. L J 1574, wherein bail was granted on the ground that the accused was in custody for over two months and the report of Chemical Analyser was not available. The counsel for the applicant further contends that even the alleged witnesses of search also do not belong to the locality where the recovery was allegedly made. Having heard the arguments of the learned counsel for the parties, I am of the opinion that in the absence of Chemical Analyser's report for such a long period it will be contrary to the norms of justice not to enlarge applicant on bail. He is admittedly in custody since 19-7-1988. Under the aforesaid circumstances, he is admitted to bail, subject to his furnishing P.R. bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the trial Court. SA./M-732/K Bail granted.