PCRLJ 1992

1992 P Cr (PLP)

DOST MUHAMMAD — Applicant Versus THE STATE — Respondent

Jurisdiction / Court
Karachi
Decided Date
1988-February-28
Honorable Judges
N/A
Case Reference Summary (AEO Optimized)
Citation 1992 P Cr (PLP)
Forum / Court Karachi
Bench Members N/A
Parties DOST MUHAMMAD — Applicant Versus THE STATE — Respondent
💡 Quick Legal QA & Summary / سوال و جواب خلاصہ
Q1: What are the key laws and sections cited in 1992 P Cr (PLP)?

This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.

Q2: Which judicial bench decided the case 1992 P Cr (PLP)?

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

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

Cite this legal precedent as: 1992 P Cr (PLP) (DOST MUHAMMAD — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.

Headnotes / Summary

S. 497(2)

Customs Act (IV of 1969), S.156(1)(8)

Bail, grant of

From the allegations made in F.I.R. and the Challan it was vet to be determined as to which of the two provisions namely Customs Act, 1969, or Prohibition (Enforcement of Hadd) Order. 1979, would be applicable to the case of accused

Case of accused, thus, was of further enquiry

Accused was admitted to bail in circumstances.

Judgment & Decree

Special Bail Application No.20 of 1988, decided on 28th February, 1988.

S. 497(2)

Customs Act (IV of 1969), S.156(1)(8)

Bail, grant of

From the allegations made in F.I.R. and the Challan it was vet to be determined as to which of the two provisions namely Customs Act, 1969, or Prohibition (Enforcement of Hadd) Order. 1979, would be applicable to the case of accused

Case of accused, thus, was of further enquiry

Accused was admitted to bail in circumstances. Khawaja Naveed for Applicant. Niaz Ahmed Khan for the State. The applicant who is facing prosecution under section 156(1)(8) of the Customs Act, 1969, has applied for bail. The allegation against him in the F.I.R. as well as in the final challan submitted to the case show that the accused was arrested by the official of Coast Guard while he was allegedly carrying 4 Kg. heroin in a shoeing bag near Mazar Bukhari Sahib Khardar. It is also alleged that further quantity of heroin was also recovered on his pointation from the house of the applicant. From the allegation as stated in F.I.R. and in the challan against the applicant it is yet to be determined as to which of the two provisions namely, Customs Act or the Prohibition Order will be applicable to the case of the applicant. In the circumstances, the case of the applicant will fall under the category of further enquiry, at this stage and accordingly admit the applicant to bail but the same, keeping in view the fact that the applicant belongs to Khaiber Agency Area, I fix the amount of bail at Rupees three lacs with one surety and P.R. in the like amount to the satisfaction of the trial Court. N.H.Q./D-97 K Bail granted.