2004 P Cr (PLP)
MUHAMMAD alias MANDO MALLAH — Applicant Versus THE STATE — Respondent
| Citation | 2004 P Cr (PLP) |
| Forum / Court | Karachi |
| Bench Members | N/A |
| Parties | MUHAMMAD alias MANDO MALLAH — Applicant Versus THE STATE — Respondent |
Q1: What are the key laws and sections cited in 2004 P Cr (PLP)?
This judgment primarily cites: statutory provisions as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2004 P Cr (PLP)?
The case was heard and decided by the Karachi bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 P Cr (PLP) (MUHAMMAD alias MANDO MALLAH — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9(b)
Bail was sought mainly on the grounds that accused neither was arrested from the spot nor anything was recovered from his person so as to connect him with the commission of alleged offence
Accused had further contended that despite having received spy information, no private person was associated as Mashir though alleged incident was shown to have taken place during the day time in a town area; that story as narrated in the F.I.R. did not inspire confidence and it called for further inquiry
State counsel keeping in view facts and circumstances of the case had rightly conceded to the grant of bail
Judgment & Decree
Shafi Muhammad Memon for Applicant. Habib Ahmed, Asstt. A.-G. for the State. It is the case of the prosecution that applicant Muhammad alias Mando alongwith another person was selling Charas in a public street near the house of Khair Muhammad within the jurisdiction of P.S. Johi, District Dadu On receiving the spy information police party on 14-10-2003 reached at the notified place where they saw the present applicant and another person alongwith a motorcycle. On seeing the police party the applicant and the co-accused made their escape good. However, while running from the place of incident on a motorcycle, a bag "Theli" fell down which was taken by the police in its possession. 15 pieces of Charas weighing 500 grams were recovered from the said Theli. Out of which 2 pieces were separately sealed for chemical analysis and the remaining material was also sealed. Such F.I.R. was lodged at P.S. Johi, District Dadu on the same day. Bail application filed on behalf of the applicant was rejected by the learned Sessions/Special Judge (CNS) Dadu on 9-3-2004, whereafter the applicant approached to this Court. Mr. Shafi Muhammad Memon learned counsel for the applicant's has mainly contended that the applicant was neither arrested from the spot nor anything was recovered from his person so as to connect him with the commission of the alleged offence. Learned counsel has further contended that despite having received the spy information, no private person was associated as a Mashir though the alleged incident is shown to have taken place during the day time in a town area. Learned counsel has further argued that story as narrated in the F.I.R. does not inspire confidence and calls for further inquiry. On the other hand, Mr. Habib Ahmed learned State Counsel keeping in view all the facts and circumstances of the case has rightly conceded to the grant of bail. We feel inclined to order for release of the applicant on bail provided he furnishes one solvent surety in the sum of Rs.1,00,000 and P.R. bond in the like amount to the satisfaction of the learned trial Court. H. B. T./M-117/K Bail granted.