2025 P Cr (PLP)
Safdar Ali — Petitioner Versus The State and another — Respondents
| Citation | 2025 P Cr (PLP) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | Safdar Ali — 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 2025 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 2025 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: 2025 P Cr (PLP) (Safdar Ali — Petitioner Versus The State and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Shahid Rafiq Mayo for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances (Amendment) Act (XX of 2022), S.9
Possession of narcotic ('bhang')
Inconsistency in the weight of sample taken and the material recovered with the weight of sample weighed by the Laboratory
Perusal of the complaint (crime report ) showed thatthe recovered narcotic /cannabis(بهنگ) was in the form of green leaves and branches, 10-kg in weight, out of which 500-grams was separated for sample purposes, but the perusal of report of Punjab Forensic Science Agency showed that the sample was 246-grams only and the material available therein was crushed dried green plant with flowering and fruiting tops
Thus, the weight of sample taken and the material recovered was inconsistent with the weight of sample weighed by the Laboratory and the contents available in the sample parcel
Said aspect of the case-in-hand, prima-facie, made the same one of further inquiry into petitioner's guilt entitling him to the grant of post-arrest bail
Petitioner did not have any previous criminal record and he was behind the bars since his arrest
No material progress in the trial could even be asserted, and keeping the petitioner behind the bars till conclusion of trial was neither likely to serve any useful purpose nor seemed justified
Petitioner was admitted to post arrest bail
Bail petition was allowed, in circumstances.
Judgment & Decree
Syed Shahbaz Ali Rizvi, J.
Through this petition, Safdar Ali petitioner seeks his release on post arrest bail in case FIR No.12088 dated 15.11.2024 registered for offence under Section 9(1)1(c) of Control of Narcotic Substances Act, 1997 (amendment 2022), at Police Station Kahna, District Lahore.
2. Arguments heard. Record perused.
3. Perusal of the complaint/crime report transpires that the recovered was in the form of green leaves and branches, 10-kg in weight out of which 500-grams was separated for sample purpose but the perusal of report of Punjab Forensic Science Agency shows that the sample was 246-grams only and the material available therein was crushed dried green plant with flowering and fruiting tops. Thus the weight of sample taken and the material recovered is inconsistent with the weight of sample weighed by the laboratory and the contents available in the sample parcel. This aspect of the case in hand prima-facie, makes the same one of further inquiry into petitioner's guilt entitling him to the grant of post arrest bail. Petitioner does not have any previous criminal record. He is behind the bars since his arrest on 15.12.2024. No material progress in the trial could even be argued today. In collective consideration of the facts mentioned above, keeping the petitioner behind the bars till conclusion of trial is neither likely to serve any useful purpose nor seems justified. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of learned trial court. MQ/S-19/L Bail granted.