2011 P Cr (PLP)
MOHSIN ABBAS — Petitioner Versus THE STATE and another — Respondents
| Citation | 2011 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MOHSIN ABBAS — Petitioner Versus THE STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2011 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 2011 P Cr (PLP)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2011 P Cr (PLP) (MOHSIN ABBAS — Petitioner Versus THE STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Waqar Ahmad Rais for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 15
Possessing and trafficking of narcotic drugs
Quantity of the recovered narcotic substance exceeded one kilogram by 200 grams, which had made the case of accused, a borderline case
Accused was stated to be a previous non-convict and did not have any criminal antecedents
Challan had already been submitted before the Trial Court; and further incarceration of accused was of no consequence to the prosecution case
Judgment & Decree
The petitioner seeks post-arrest bail in case F.I.R. No.23, dated 3-5-2011, under section 9(c)/15 of the Control of Narcotic Substances Act, 1997 registered at Police Station ANF, Lahore.
2. Learned counsel for the petitioner submits that fake recovery has been planted upon the petitioner due to previous enmity as father of the petitioner had been murdered in year 1987; the petitioner is a police official, who planned to marry immediately after Eid-ul-Fitr and to frustrate his marriage plan, he has been involved in this case under a conspiracy; the petitioner does not have any previous criminal antecedents; a number of persons of the locality appeared in defence of the petitioner during investigation and stated that he had been summoned from his house and then hooked up in a false case.
3. Learned Deputy Prosecutor-General Punjab opposes grant of bail with the submission that huge quantity of charas weighing 1200 grams has been recovered from the possession of the petitioner; the offence, the petitioner is charged with, entails punishment falling within prohibitory clause of section 497, Cr.P.C. as well as that of section 51 of the Control of Narcotic Substances Act, 1997.
4. After having heard learned counsel for the parties and perused the record, we find that the quantity of the recovered narcotic substance exceeds one kilogram by 200 grams, which makes the case of the petitioner, a borderline case. The petitioner is stated to be a previous non-convict. He does not have any criminal antecedents. The challan has already been submitted before the trial Court on 28-6-2011 and his further incarceration is of no consequence to the prosecution case. Therefore, we accept this application and admit the petitioner to post-arrest bail subject to furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-292/L Bail granted.