2015 PLP 2114 (YLR)
Malik ABRAHIM — Petitioner Versus The STATE — Respondent
| Citation | 2015 PLP 2114 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Mehmood Maqbool Bajwa and Arshad Mahmood Tabassum, JJ |
| Parties | Malik ABRAHIM — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2015 PLP 2114 (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 2015 PLP 2114 (YLR)?
The case was heard and decided by the Lahore bench comprising: Mehmood Maqbool Bajwa and Arshad Mahmood Tabassum, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2015 PLP 2114 (YLR) (Malik ABRAHIM — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Ghufran Khursheed Imtiazi for Petitioner.
- Syed Intikhab Hussian, Special Public Prosecutor, Anti-Narcotic Force for Respondent.
Headnotes / Summary
S. 498
Control of Narcotic Substances Act (XXV of 1997), 9(b)
Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4
Prohibition of narcotic drugs, import and export of narcotic drugs trafficking or financing trafficking of narcotic drugs
Prohibition of manufacture of intoxicants, owning or possessing intoxicants
Pre-arrest bail, confirmation of
Petitioner, having been spotted on secret information, was alleged to have fled away, while throwing bag containing five hundred and fifteen grams charas garda and six bottles of liquor
Petitioner had admittedly not been apprehended at spot, and it was yet to be seen if it was the petitioner or someone else who had actually fled away throwing the contraband material
Police had not cited secret informer as prosecution witness, on whose information raid had been conducted
No prima facie material was available on record with regard to identity of petitioner
Petitioner deserved confirmation of pre-arrest bail in circumstances
Bail petition was allowed accordingly.
Judgment & Decree
Through the instant petition, the petitioner seeks his enlargement of bail before arrest in case FIR No. 798, dated 5-11-2014, offence under Section 9(b) of the Control of Narcotic Substances Act, 1997, read with Articles 3, 4 of The Prohibition (Enforcement of Hadd) Order, 1979, registered at Police Station Waris Khan, Rawalpindi.
2. It is the prosecution case that on receipt of secret information, Muhammad Iqbal S.I. conducted a raid in the area of Glass Factory Chowk, Rawalpindi, where the petitioner, on seeing the police party, succeeded in fleeing away, while throwing a polythene bag at the spot, which when checked, was found to contain 515 grams Charas Garda and six bottles of liquor.
3. Having heard learned counsel for the petitioner and learned Special Public Prosecutor for the ANF, it is observed that admittedly, the petitioner was not apprehended at the spot and it is yet to be seen as to whether one, who succeeded in fleeing away throwing the polythene bag, containing Charas Garda and bottles of liquor, was in fact the present petitioner or somebody else. The police believed that it was the petitioner, who succeeded in running away by throwing the said contraband material and basis of this belief is the disclosure made by the secret informer, who has not been cited as a P.W. in this case, hence, it appears that with regard to the identity of the petitioner, prima facie, no material is available on record with the prosecution. The above circumstances suggest that the petitioner deserves confirmation' of interim bail before arrest earlier allowed to him. Hence, the instant petition is allowed. The interim bail before arrest is confirmed subject to his furnishing fresh bail bonds in the sum for Rs.1,00,000 with one surety in the like amount to the satisfaction of the learned trial court. SL/A-78/L Bail confirmed.