2007 P Cr (PLP)
ABDUL GHAFOOR alias GHAFFAR — Applicant Versus THE STATE — Respondent
| Citation | 2007 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | Ali Sain Dino Metlo and Nadeem Azhar Siddigi, JJ |
| Parties | ABDUL GHAFOOR alias GHAFFAR — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2007 P Cr (PLP)?
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 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: Ali Sain Dino Metlo and Nadeem Azhar Siddigi, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2007 P Cr (PLP) (ABDUL GHAFOOR alias GHAFFAR — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997),. S.9(b)
Bail, grant of--Accused was allegedly found in possession of 500 grams of Charas in the shape of two pieces, out of which only one piece weighing 200 grams was shown to have been sent to the Chemical Examiner
Offence against accused was punishable with .imprisonment which could extend to 7 years. and accused had already remained in custody for seven months
Offence did not fall within the prohibitory clause of S.497, Cr. P.C.
Accused was not shown to be a habitual offender
All the prosecution witnesses being police officials, there was no apprehension of tampering with evidence--Report of the Trial Court revealed that no witness had been examined
State counsel had no objection to grant of bail to accused as the quantity of Charas recovered from accused was not large
Accused was admitted to bail, in circumstances. Inayatullah Morio for Applicant. Muhammad Ismail Bhutto for the State.
Judgment & Decree
Heard Messrs Inayatullah Morio, Advocate for the applicant and Muhammad Ismail Bhutto, State counsel. The latter has no objection to the grant of bail, as the quantity of Charas recovered from the applicant is not big.
2. The allegation against the applicant. is that on 7-5-2006, at 1730 hours, at Pir Jhandat .Shah, Stuart Ganj, Shikarpur, he was found in A possession of 500 grams of Charas in the shape of two pieces, out of which only one piece weighing 200 grams is shown to have been sent Co the Chemical Examiner. The offence is punishable with imprisonment which may extend to 7 years and the applicant has already .remained in custody for seven months. The offence does not fall within the prohibitory clause of section 497, Cr. P. C. The applicant is not shown to be a habitual offender. All the prosecution witnesses are police officials and therefore, there can be no apprehension of tampering with evidence. According to the report of the trial Court, no witness has been examined, as yet. In such circumstances the case appears to be fit for the grant of bail. Accordingly, the application is allowed and the applicant is directed to be released on bail on furnishing solvent surety in the sum of Rs.50,000 (Rupees fifty thousand) and personal bond in the like amount to the satisfaction of the trial Court. H.B.T./A-85/K??????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.