2005 PLP 865 (MLD)
Malik KHALID HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2005 PLP 865 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Malik KHALID HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 865 (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 2005 PLP 865 (MLD)?
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: 2005 PLP 865 (MLD) (Malik KHALID HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Imran Asmat Chaudhry for Petitioner.
Headnotes / Summary
S. 497
Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Co-accused was declared innocent by Investigating Officer while accused was arrested in case about 1/2 month after occurrence
Nothing was recovered from accused
Police did not try to determine, in the course of investigation, as to whether house from which recovery in question had been effected had actually been hired by accused
Owner of house appeared in Court and filed affidavit to the effect that he had not rented out any house to accused nor any recovery had been effected from said house
Mere fact that accused had not been apprehended at the spot and was arrested by police subsequently about 1/2 month after alleged recovery, was sufficient to make it a fit case for grant of bail
Judgment & Decree
The petitioner seeks bail after arrest in case F.I.R. No.1156 of 2003 registered on 26-10-2003 in Police Station Saddar, Faisalabad, under Arts. 3/4 of Prohibition Order, 1979. Subsequently Section 9(c) of Control of Narcotic Substances Act, 1997 appears to having been added.
2. The F.I.R. was lodged by Muhammad Ali A.S.-I. C.I.A. According to the F.I.R. on receipt of a secret information the complainant A.S.I along with the Police officials named in the F.I.R. had conducted a raid at the rented house of Malik Khalid, etc. accused. On receiving the information about the arrival of the Police Malik Khalid and Nawaz alias Achha accused had managed to escape. From the said house two bags of Post Denthal Bhoki (Poppy Straw) were recovered and 250 grams from each of the bag were separated and sealed separately for chemical analysis. Thereafter the case was got registered against the accused as aforesaid.
3. Arguments have been heard and record perused.
4. It has been stated that as a result of the investigation Muhammad Nawaz alias Achha i.e. the co-accused of the petitioner was declared innocent by the Investigating Officer while the petitioner was arrested in this case on 10-12-2003 i.e. about 1/2 month after the occurrence. Admittedly on his arrest nothing was recovered from the petitioner. It appears that the Police did not try to determine in the course of investigation as to whether the house from which the recovery in question had been effected had been actually hired by the petitioner. Muhammad Rafique, the owner of the house, has appeared before this Court today and filed an affidavit to the effect that he had not rented out any house to the petitioner nor any recovery had been effected from the said house. In any way, the mere fact that the petitioner had not been apprehended at the spot and was arrested by the Police subsequently about 1/2 month after the alleged recovery is sufficient to make it a fit case for the grant of bail. Hence, we accept this application and admit the petitioner to bail in the sum of Rs.1,00,000 with one surety in the like amount, to the satisfaction of the learned Trial Court. H.B.T./K-89/L Bail granted.