2007 PLP 1058 (MLD)
AMJAD ABBAS — Petitioner Versus THE STATE — Respondent
| Citation | 2007 PLP 1058 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | AMJAD ABBAS — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 PLP 1058 (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 2007 PLP 1058 (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: 2007 PLP 1058 (MLD) (AMJAD ABBAS — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Amir Khan Niazi for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Quantity of 1000 grams Charas was recovered from the shopping bag lying underneath the driver's seat of the car
Co- accused had been admitted to bail and case of accused being at par with that of co-accused he was entitled to the concession of bail on principle of consistency
Accused also deserved concession of bail on the ground that recovery was allegedly effected from the car underneath the driver's seat and responsibility of which could not be fixed on accused alone, who too was one of travellers in the car
Judgment & Decree
SARDAR MUHAMMAD ASLAM, J.
The petitioner seeks post-arrest bail in case FIR. No.79, dated 29-11-2004 registered under section 9(c), Control of Narcotic Substances Act, 1997 at Police Station, Jaura Kalan, District Khushab, on the ground that all of his co-accused have, been granted bail by the learned Sessions Judge, Khushab as well as by this Court and the case of the petitioner is at par, therefore, the petitioner is entitled to bail on the principle of consistency.
2. The bail petition has been opposed by the learned counsel for the State, who argued that the petitioner has been apprehended at the spot; he has been found guilty in the investigation and challened; the case is of heinous nature.
3. We have considered the respective submissions of the learned counsel for the parties and perused the record.
4. Quantity of 1000 grains charas was recovered from the shopping bag lying underneath the driver seat of Car No.4227/PRD. Ghulam Kazim, Akhtar Abbas, Ashraf and Amjad Abbas petitioners were nominated in the F.I.R. Except the petitioner others were arrested at the spot. Co-accused of the petitioner have been admitted to bail. The petitioner's case is at par with that of his co-accused. He is entitled to the concession of bail on principle of consistency. The petitioner also deserves concession of bail on the ground that recovery was allegedly effected from the car underneath the driver's seat and responsibility of which cannot be fixed on the petitioner alone, who too was one of travellers in the car.
5. For what has been discussed above, this petition is allowed. The petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned Trial Court. H.B.T./A-60/L Bail granted.