2012 PLP 602 (MLD)
LATIF KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2012 PLP 602 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | LATIF KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 602 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2012 PLP 602 (MLD)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 602 (MLD) (LATIF KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Miss Farhana Marwat for Petitioner.
- Miss Sabiha Iqbal for Respondent.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Possessing and trafficking of narcotics
No evidence was on record to show that shop in question, wherefrom the recovery of charas was made belonged to the accused
Accused was arrested on 8-7-2011, but challan had not been submitted in the court
Was yet to be determined after adducing evidence at trial as to whether accused was the actual owner of the shop wherefrom charas in question was recovered
Investigation in the case was complete and accused was no more required for further inquiry
Judgment & Decree
FAZL-I-HAQ ABBASI, J.
Having been involved in case F.I.R. No.562 dated 6-6-2011 registered under section 9(c) C.N.S.A. 1997 at Police Station Tangi the petitioner seeks bail through this application.
2. Briefly the contents of the F.I.R. are that Ishan Shah S.H.O. under the supervision of Shahid Khan and Sardar Bahader Khan D.S.Ps. and the other police staff raided the shop of Latif son of unknown resident of Para Chinar and during search of Almirah took into possession 4 packets of Charas weighing 4000 grams.
3. Learned counsel for the petitioner contends that no recovery whatsoever was effected from the accused-petitioner and that it has not been proved by the prosecution that the shop in question wherefrom Charas was recovered belongs to the accused-petitioner and she further contended that the accused is behind the bars since 8-7-2011 and complete challan has not been submitted before the Court.
4. On the other hand Miss Sabiha Iqbal learned State counsel opposed the grant of bail contending that a huge quantity was recovered from the shop owned by the accused-petitioner and that the challan is complete and the trial is likely to commence within a short period.
5. I have heard the arguments of both the learned counsel for the parties and perused the record.
6. There is no evidence on record to show that the shop in question wherefrom the recovery of Charas was made belongs to the accused. Neither any revenue record was obtained nor was the statement of any co-villager recorded by the I.O. so as to prove that the shop in question wherefrom the recovery of charas was made belongs to the accused-petitioner. Moreover, the accused was arrested on 8-7-2011, but even then till now the challan has not been submitted in the Court. It is yet to be determined after adducing evidence at trial as to whether the accused was the actual owner of the shop wherefrom Charas in question was recovered. As investigation in the case is complete and the accused is no more required for further investigation. Hence without going deep into the merits of the case I allow this application and grant bail to the accused-petitioner provided he furnishes bail bonds in the sum of Rs.2 lac with two sureties each in the like amount to the satisfaction of the Illaqa/Judicial Magistrate. H.B.T./247/P Bail granted.