PCRLJ 1990

1990 P Cr (PLP)

MUSHTAQ AHMAD — Petitioner Versus THE STATE — Respondent

Jurisdiction / Court
Lahore
Decided Date
1990-September-30
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1990 P Cr (PLP)
Forum / Court Lahore
Bench Members N/A
Parties MUSHTAQ AHMAD — 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 1990 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 1990 P Cr (PLP)?

The case was heard and decided by the Lahore bench comprising: N/A.

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

Cite this legal precedent as: 1990 P Cr (PLP) (MUSHTAQ AHMAD — 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

  • Mirza Munawar Hussain for Petitioner.

Headnotes / Summary

S. 497

Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4

Bail, grant of

Contention that no person from vicimty had been associated with recovery and that accused was not a previous convict was repelled holding that in absence of proven motive as to false implication of accused, police functionaries were as good witnesses as any other person

Recovery of 90 grams heron together with marked currency notes effected from accused was prima facie corroborated by Chemical Examiner's report

Trial having already commenced, accused, thus was not entitled to concession of bail in circumstances.

Judgment & Decree

S. 497

Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3/4

Bail, grant of

Contention that no person from vicimty had been associated with recovery and that accused was not a previous convict was repelled holding that in absence of proven motive as to false implication of accused, police functionaries were as good witnesses as any other person

Recovery of 90 grams heron together with marked currency notes effected from accused was prima facie corroborated by Chemical Examiner's report

Trial having already commenced, accused, thus was not entitled to concession of bail in circumstances. Mirza Munawar Hussain for Petitioner. Zaeem-ul-Haq Farooq, A-A.-G for the State Bail his been sought in the case registered vide F.I.R No.202/89 Dated 23-4-1989, under article of the provision (enforcement of Hadd) order 1979 at Police Station Ravi Road Lahore, alleging recovery of 90gm of Heroine from the petitioner alongwith marked currency note of Rs.50 received from a fake customer sent by the police raiding at Darbar Baba Chhatriwala. Learned counsel for the petitioner contended that no public person from prevision convict. On the other hand learned A.A.G. has opposed the bail potion. Regarding the contention as to recovery witnessed it suffices to observe that the absence of proven motive as to false implication, police functionaries are as good witnesses as any other person, which has not been suggested in the instant case. Recovery of 90 grams heroin together with the marked currency note effect from the petitioner is prime facie corroborated by Chemical Examiner s Report which constriction reasonable grounds for believing that his case fails within the prohibition envisaged by section 497 (1) of the Cr.P.C. Furthermore the trial has already commenced thereof in my view petitioner is not entitled to the concession of bail, consequently this petition is hereby dismissed. H.B.T./M-2051/L Petition dismissed.