2011 PLP 1723 (YLR)
GHULAM ABBAS — Applicant Versus THE STATE — Respondent
| Citation | 2011 PLP 1723 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Nisar Muhammad Shaikh, J |
| Parties | GHULAM ABBAS — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 PLP 1723 (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 2011 PLP 1723 (YLR)?
The case was heard and decided by the Karachi bench comprising: Nisar Muhammad Shaikh, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 PLP 1723 (YLR) (GHULAM ABBAS — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9(b)(c)
Complainant party despite receiving the alleged spy information, had failed to associate any private witness to attest the alleged recovery of charas; and no purchaser of the charas in question had been cited in the F.I.R., though accused was allegedly selling the charas
Case of accused, in circumstances, needed further inquiry
F.I.R. did not show as to how much pieces, out of recovered charas, were sent for chemical examination
Total quantity of alleged charas being 1100 grams, marginally exceeded to the borderline, falling between the offence under S.9(b) & 9(c) of Control of Narcotic Substances Act, 1997
Accused who was in jail since 19-11-2009 after his arrest, was granted bail, in circumstances. Nisar Ahmed G. Abro, for Applicant. Mus'ab Baleegh Dhamarh, State Counsel.
Judgment & Decree
NISAR MUHAMMAD SHAIKH, J.
The applicant Ghulam Abbas has applied for grant of bail after his earlier bail application was dismissed vide order dated 20-2-2010 passed by the trial Court in connection with Crime No.73 of 2009 of Police Station Mahi Makol, under section 9(c), C.N.S. Act, 1997. The applicant Ghulam Abbas was allegedly apprehended by the complainant party on the basis of spy information and 1100 grams Charas was recovered from the possession of the applicant in presence of two mashirs, namely, A.S.-I. Munawar Ali and PC Muhammad Soomar. Such F.I.R. was registered on 19-11-2009 by the complainant SIP Ghulam Hyder, S.H.O. of Police Station Mahi Makol. It is argued by Mr. Nisar Ahmed G. Abro, learned counsel for the applicant, that despite receiving the alleged spy information, the complainant party failed to associate any private witness to attest the alleged recovery of charas and no purchaser of the Charas in question has been cited in the F.I.R. though the applicant was allegedly selling the charas, therefore, the case of prosecution needs further enquiry. On the other hand, Mr. Mus'ab Baloeegh Dhamrah, learned State Counsel, opposed the above bail application. I have considered the above submissions and also perused the relevant papers. In addition to the above contentions raised by learned counsel for the applicant, it appears that the F.I.R. does not show as to how much pieces of the Charas were secured from applicant and how much pieces, out of recovered Charas, were sent for chemical examination. Moreover, the total quantity of alleged Charas being 1100 grams, marginally exceeds to the borderline, falling between the offence under sections 9(b) and 9(c) of C.N.S. Act, 1997. In the circumstances, the applicant, who is in jail since after his arrest, is granted bail on furnishing a solvent surety in the sum of Rs.100,000 and P.R. bond in the like amount to the satisfaction of learned trial Court. H.B.T./G-1/K Bail granted.