2010 PLP 2447 (YLR)
AKHTAR HUSSAIN — Petitioner Versus THE STATE — Respondent
| Citation | 2010 PLP 2447 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Liaqat Ali Shah, J |
| Parties | AKHTAR HUSSAIN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2010 PLP 2447 (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 2010 PLP 2447 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Liaqat Ali Shah, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2010 PLP 2447 (YLR) (AKHTAR HUSSAIN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Saifullah Khalil for Petitioner.
- Date of hearing: 19th February, 2010.
- 2. On 17-1-2010 S.H.O. Noor Elahi checked two persons, riding on their Motorcycle (sic) as well as their Motor-cycle. From the seat of the Motorcycle 6 packets of Charas were recovered, which on weighing came to 10 KGs. The accused disclosed their names to be Ayaz and Fayaz sons of Niaz Muhammad. During the course of interrogation, according to the learned counsel for the petitioner as well as the learned Addl. Advocate- General two accused disclosed the name of the present petitioner, the actual beneficiary of the allegedly recovered Charass, and on the basis of their statement so recorded by the police the present petitioner was arrested.
- 4. The learned Additional Advocate-General could not controvert the position highlighted above that the present petitioner stands implicated in the present case on the basis of statements of accused recorded by the Police. What is the legal worth of the statement of an accused person recorded by the police needs no explanation. The statement so recorded in no way can constitute reasonable grounds to believe that the petitioner is guilty of the offence charged with.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Accused stood implicated in the case on the basis of his statements recorded by the Police
As to what was the legal worth of the statement of accused recorded by the Police, needed no explanation
Statement so recorded, in no way could constitute reasonable grounds to believe that accused was guilty of the offence charged with
Accused was admitted to bail, in circumstances. Fazal Rehman, A.A.-G. for the State.
Judgment & Decree
LIAQAT ALI SHAH, J.
The petitioner Akhtar Hussain seeks bail in F.I.R No.54 dated 17-1-2010 of Police Station Phando District Peshawar.
2. On 17-1-2010 S.H.O. Noor Elahi checked two persons, riding on their Motorcycle (sic) as well as their Motor-cycle. From the seat of the Motorcycle 6 packets of Charas were recovered, which on weighing came to 10 KGs. The accused disclosed their names to be Ayaz and Fayaz sons of Niaz Muhammad. During the course of interrogation, according to the learned counsel for the petitioner as well as the learned Addl. Advocate- General two accused disclosed the name of the present petitioner, the actual beneficiary of the allegedly recovered Charass, and on the basis of their statement so recorded by the police the present petitioner was arrested.
3. I have heard the learned counsel for the parties and perused the record.
4. The learned Additional Advocate-General could not controvert the position highlighted above that the present petitioner stands implicated in the present case on the basis of statements of accused recorded by the Police. What is the legal worth of the statement of an accused person recorded by the police needs no explanation. The statement so recorded in no way can constitute reasonable grounds to believe that the petitioner is guilty of the offence charged with. This application is accordingly allowed and the petitioner shall be released, if bail bonds in the sum of Rs.3,00,000 with two sureties each in the like amount are provided to the satisfaction of the trial Court. H.B.T/181/P Bail granted.