2004 PLP 1118 (YLR)
NAWAZ — Applicant Versus THE STATE — Respondent
| Citation | 2004 PLP 1118 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Muhammad Moosa K. Leghari and Khilji Arif Hussain, JJ |
| Parties | NAWAZ — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 1118 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 PLP 1118 (YLR)?
The case was heard and decided by the Karachi bench comprising: Muhammad Moosa K. Leghari and Khilji Arif Hussain, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1118 (YLR) (NAWAZ — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shafi Muhammad Memon for Petitioner.
Headnotes / Summary
S.497
Control of Narcotic Substances Act (XXV of 1997), S.9(b)
Although private persons were not required to witness the recovery of narcotic substances as provided under the Control of Narcotic Substances Act, 1997, yet the place of recovery and the time of recovery had to be kept in view to prevent false implication of innocent people, looking to the general conduct of police
Maximum punishment provided for the alleged offence being seven years' R.1., the case did not fall within the prohibitory clause of S. 497(1), Cr. P. C. -- Accused was behind the bars for the last four months
Bail was allowed to accused in circumstances. Rasheed Qureshi Asstt. A.-G. for the State.
Judgment & Decree
Shafi Muhammad Memon for Petitioner. Rasheed Qureshi Asstt. A.-G. for the State.
1. Granted.
2. After recovering 110 grams of Charas from his possession, the applicant was arrested by Dadu police and a case was registered against him under section 9-B Control of Narcotic Substances Act vide F.I.R. No.156 of 2003 at Police Station, Dadu. It is contended that the applicant was involved on account of enmity with police and that the Charas was foisted upon him. Learned Asst: A.-G., however, opposed the grant of bail stating that it was a crime against the society. The arguments rendered before us have been considered and material placed on record has been perused. Though private persons are not required to witness the recovery or Narcotics substance as provided under C.N.S. Act yet the place of recovery and the time of recovery has to be kept in view to prevent false implication of innocent people, looking to the general conduct or police. The maximum punishment provided for the alleged offence is 7 years which does not fall within the prohibitory clause contained under section 497, Cr.P.C. The accused is behind bars since last four months. Keeping in view the peculiar circumstances of the case we are inclined to grant bail to the applicant. The applicant is accordingly directed to be enlarged on bail in the sum of Rs.50,000 and P.R. bond in the like amount to the satisfaction of the trial Court. N.H.Q./N-6/K Bail allowed.