1987 PLP 1702 (MLD)
GHULAM RASOOL alias SOOLA — Petitioner Versus THE STATE — Respondent
| Citation | 1987 PLP 1702 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Muhammad Munir Khan, J |
| Parties | GHULAM RASOOL alias SOOLA — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1987 PLP 1702 (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 1987 PLP 1702 (MLD)?
The case was heard and decided by the Lahore bench comprising: Muhammad Munir Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1987 PLP 1702 (MLD) (GHULAM RASOOL alias SOOLA — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Miss Suraya Sultana Butt for Petitioner.
Headnotes / Summary
S.497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4--Transportation and possession of intoxicant--Bail.--Allegation that petitioner sold 5 grams of opium to a fake purchaser and 1 Kg. opium was recovered from his possession--Quantity of opium allegedly sold by petitioner not mentioned in F.I.R. and as such offence did not fall within Prohibitory clause of 5.497, Cr.P. C.--Petitioner not a previous convict and not required by Police for investigation--Bail granted.
Judgment & Decree
S.497--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4--Transportation and possession of intoxicant--Bail.--Allegation that petitioner sold 5 grams of opium to a fake purchaser and 1 Kg. opium was recovered from his possession--Quantity of opium allegedly sold by petitioner not mentioned in F.I.R. and as such offence did not fall within Prohibitory clause of 5.497, Cr.P. C.--Petitioner not a previous convict and not required by Police for investigation--Bail granted. Miss Suraya Sultana Butt for Petitioner. This is an application for grant of bail to Ghulam Rasool allas Soola petitioner in a case under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, registered at P.S. Model Town, Gujranwala vide F.I.R. No.280 dated 10-5-1987. 2. The prosecution case is that the petitioner had sold 5 grams of opium to a fake purchaser which was subsequently recovered and that when the petitioner was apprehended by the Raiding Party, he was holding 1 K.G. of opium in his hand. 3. Learned counsel for the petitioner submits that there are not reasonable grounds to believe that the petitioner has committed the alleged offence; that the petitioner is in jail since 10-5-1987; that he is not required for investigation; that he is not a previous convict and that the alleged offence does not fall within the prohibitory clause of Section 497, Cr.P.C. in that, the opium allegedly recovered from him does not exceed 1 K.G. Conversely, the learned counsel for the State has opposed this application on the ground that opium weighing 1 K.G. and 5 grams was recovered from him and as such, the case falls within the prohibitory clause of section 497, Cr. P. C . 4. I have considered the submissions made by the learned counsel for the parties with care. I find that the quantity of the opium which was allegedly sold by the petitioner to a fake purchaser has not been mentioned in the F.I.R., copy Annex. 'A' and as such, the offence does not fall within the prohibitory clause of section 497, Cr.P.C.; that the petitioner is not a previous convict and that he is not required by the police for investigation. For what has ho-n said above, I am of the view that a case for grant of bail to the petitioner is made out. He is, therefore, allowed bail in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of A.C/Duty Magistrate, Gujranwala. S. S. G./G-60/L Bail allowed.