2013 PLP 669 (SCMR)
Raja MUHAMMAD YOUNAS — Petitioner Versus The STATE — Respondent
| Citation | 2013 PLP 669 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Nasir-ul-Mulk and Ijaz Ahmed Chaudhry, JJ |
| Parties | Raja MUHAMMAD YOUNAS — Petitioner Versus The STATE — Respondent |
| Primary Law | (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2013 PLP 669 (SCMR)?
This judgment primarily cites: (a) Criminal Procedure Code (V of 1898), (b) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2013 PLP 669 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Nasir-ul-Mulk and Ijaz Ahmed Chaudhry, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 669 (SCMR) (Raja MUHAMMAD YOUNAS — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Mir M. Ghufran and Khurshid Imtiazi, Advocates Supreme Court for Petitioner.
- Date of hearing: 7th September, 2012.
Headnotes / Summary
(On appeal from the Peshawar High Court, Peshawar dated 1-8-2012 passed in Criminal Miscellaneous No.789-P of 2012).
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 13 & 15
Qanun-e-Shahadat (10 of 1984), Art. 38
Possession and trafficking of narcotics, aiding, abetment or association in narcotic offences
Accused implicated for the offence on the statement of co-accused made before the police
Such statement of co-accused could not be used as evidence against the accused in view of Art. 38 of Qanun-e-Shahadat, 1984
Plea of Anti-Narcotic Force that accused was involved in other narcotic cases similar to the present one was not relevant in circumstances
Case against accused was one of further inquiry
Accused was granted bail accordingly.
S. 497
Qanun-e-Shahadat (10 of 1984), Art. 38
Scope
Accused implicated for the offence on the statement of a co-accused made before the police
Under Art.38 of the Qanun-e-Shahadat, 1984, admission of co-accused before police could not be used as evidence against the accused. Shahid Mehmood Abbasi, Sp. PG for the State.
Judgment & Decree
NASIR-UL-MULK, J.
The petitioner is one of the many accused, charged in a case registered under sections 9(c), 13 and 15 of the Control of Narcotic Substances Act, 1997, after the narcotics (heroin) was recovered from one, Mirza Naeem Baig, while proceeding to take a flight abroad from Bacha Khan Airport Peshawar by Qatar Airways. Five accused, Amjad Mahmood, Muhammad Sharif, Saeed Ahmad, Haji Shafat and Raja Muhammad Younas have been arrested.
2. The petitioner was denied bail by the Trial as well as the High Court. After hearing the counsel for the parties and going through the record, we have noted that the only material implicating the petitioner is the statement of co-accused, Amjad Mahmood, Constable. Under Article 38 of Qanun-e-Shahadat Order, 1984, admission of an accused before police cannot be used as evidence against the co-accused. This point was also urged before the High Court but not convincingly attended to. The argument on behalf of the learned counsel for the respondent, Anti-Narcotics Force (ANF), that the petitioner was involved in other similar cases is not relevant to the present matter. On the available record, the case against the petitioner is that of further inquiry. The petition is, therefore, converted into appeal and allowed. The impugned judgment of the High Court is set aside. The petitioner is granted bail on furnishing of bail bonds to sum of Rs.500,000 with two sureties each in the like amount for the satisfaction of the trial Court. MWA/M-17/SC Bail granted.