2004 PLP 1305 (YLR)
AHMAD NAWAZ‑‑‑Petitioner Versus THE STATE‑‑Respondent
| Citation | 2004 PLP 1305 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Ali Nawaz Chowhan and Rustam Ali Malik, JJ |
| Parties | AHMAD NAWAZ‑‑‑Petitioner Versus THE STATE‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2004 PLP 1305 (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 1305 (YLR)?
The case was heard and decided by the Lahore bench comprising: Ali Nawaz Chowhan and Rustam Ali Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 1305 (YLR) (AHMAD NAWAZ‑‑‑Petitioner Versus THE STATE‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Muhammad Imtiaz Mahl for Petitioner.
Headnotes / Summary
‑‑‑‑S.497‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 21‑‑‑Bail, grant of‑‑‑No precise measurement being possible at the time of recovery, possibility that SO grams of "Charas " might have been exaggerated could not be ruled out and the case being a border line one would fall, prima facie, under S. 9(b) of the Control of Narcotic Substances, Act, 1997, which was not punishable beyond seven years' R.I.‑‑ Raid conducted in the case and the investigation being carried out by an Assistant Sub‑Inspector of Police was also illegal in view of S.21 of the said Act‑‑ Accused was admitted to bail in the light of said contentions. Yaqoob Qureshi for the State.
Judgment & Decree
Criminal Miscellaneous No.5972‑B of 2003, decided on 19th January, 2004. ‑‑‑‑S.497‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 21‑‑‑Bail, grant of‑‑‑No precise measurement being possible at the time of recovery, possibility that SO grams of "Charas " might have been exaggerated could not be ruled out and the case being a border line one would fall, prima facie, under S. 9(b) of the Control of Narcotic Substances, Act, 1997, which was not punishable beyond seven years' R.I.‑‑ Raid conducted in the case and the investigation being carried out by an Assistant Sub‑Inspector of Police was also illegal in view of S.21 of the said Act‑‑ Accused was admitted to bail in the light of said contentions. Malik Muhammad Imtiaz Mahl for Petitioner. Yaqoob Qureshi for the State. The petitioner is asking for his post‑arrest bail in case F.I.R. No. 161 dated 3‑7‑2003 registered under section 9‑C of CNSA at Police Station, Sargodha Cantt.
2. The petitioner is said to have been in possession of 1050 grams of indigenous Charas at the time when he was arrested. Learned counsel for the petitioner states that no precise measurement was possible at that time and the possibility that 50 grams may have been exaggerated is also there and so this was a border line case and that prima facie section 9(b), CNSA, 1997 is attracted, where the maximum sentence is not beyond seven years. Further states that f the raid was illegal as it was spearheaded by an A.S.‑I. which is against the provisions of law. In this connection, reference is made to section 21 of the CNSA, 1997. Further states that the investigation is being conducted by an A.S.‑I. which further adds to the illegality. Under the circumstances, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.20,000 with one local surety in the like amount to the satisfaction of the trial Court. N.H.Q./A‑20/L Bail allowed.