SCMR 2017

2017 PLP 161 (SCMR)

MUHAMMAD AKHTAR — Petitioner Versus The STATE and others — Respondents

Jurisdiction / Court
Supreme Court of Pakistan
Decided Date
Criminal Petition No.20-L of 2016, decided on 7th March, 2016.
Honorable Judges
Asif Saeed Khan Khosa, Manzoor Ahmad Malik and Sardar Tariq Masood, JJ
Case Reference Summary (AEO Optimized)
Citation 2017 PLP 161 (SCMR)
Forum / Court Supreme Court of Pakistan
Bench Members Asif Saeed Khan Khosa, Manzoor Ahmad Malik and Sardar Tariq Masood, JJ
Parties MUHAMMAD AKHTAR — Petitioner Versus The STATE and others — Respondents
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 2017 PLP 161 (SCMR)?

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

Q2: Which judicial bench decided the case 2017 PLP 161 (SCMR)?

The case was heard and decided by the Supreme Court of Pakistan bench comprising: Asif Saeed Khan Khosa, Manzoor Ahmad Malik and Sardar Tariq Masood, JJ.

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

Cite this legal precedent as: 2017 PLP 161 (SCMR) (MUHAMMAD AKHTAR — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Laws Cited

Criminal Procedure Code (V of 1898)

Representation

  • Nemo for Petitioner.

Headnotes / Summary

(Against the order dated 8.12.2015 passed by the Lahore High Court, Lahore in Criminal Miscellaneous No.15309-B of 2015)

S. 497

Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 51

Possession of narcotic

Bail, refusal of

Accused had been apprehended red-handed while in possession of bhiki (poast) weighing 30 kilograms and a sample of the recovered substance had subsequently been tested positive by the Chemical Examiner

Prosecution witnesses who had witnessed the alleged recovery had no ostensible reason to falsely implicate the accused in a case of present nature

Case against the accused was also hit by (prohibition contained in) section 51 of the Control of Narcotic Substances Act, 1997

Bail was refused accordingly. Mazhar Sher Awan, Additional Prosecutor-General, Punjab and M. Yousaf, S.I. for the State.

Judgment & Decree

ASIF SAEED KHAN KHOSA, J.

None has entered appearance to prosecute this petition on behalf of the petitioner nor any request has been received seeking an adjournment.

2. The petitioner had been apprehended red-handed while in possession of bhiki (poast) weighing 30 kilograms and a sample of the recovered substance had subsequently been tested positive by the Chemical Examiner. The prosecution has relied upon statements of some prosecution witnesses who had witnessed the alleged recovery and apparently the said prosecution witnesses had no ostensible reason to falsely implicate the petitioner in a case of this nature. The case against the petitioner is hit by section 51 of the Control of Narcotic Substances Act, 1997. This petition is, therefore, dismissed and leave to appeal is refused. MWA/M-59/SC Petition dismissed.