2012 PLP 553 (YLR)
MUHAMMAD SARFRAZ — Applicant Versus THE STATE — Respondent
| Citation | 2012 PLP 553 (YLR) |
| Forum / Court | Sindh |
| Bench Members | Syed Zakir Hussain, J |
| Parties | MUHAMMAD SARFRAZ — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2012 PLP 553 (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 2012 PLP 553 (YLR)?
The case was heard and decided by the Sindh bench comprising: Syed Zakir Hussain, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2012 PLP 553 (YLR) (MUHAMMAD SARFRAZ — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Imtiaz Ali Jalbani, A.P.-G. for Respondent.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Charas weighing five Kgs. in shape of rods, was allegedly recovered from the possession of accused
Memo. was prepared as to the arrest of accused and recovery of the recovered material on the spot before the official witnesses
From secured narcotic substance consisting of five hundred pieces, a sample of one gram each was parcelled and sealed separately for chemical examination
Case appeared to be one of further inquiry on the ground that no public witness was associated for arrest and recovery etc. and to the memo. in question
Said memo. was silent as to the number of rods and pieces secured as sample
Expert report had shown that one envelope parcel was received as stuffed with multiple pieces of charas weighing five hundred grams as net weight
Thirty grams out of the said five hundred grams appeared to have been consumed in the analysis whereas the remaining was kept for being dispatched to or collected from the office of Chemical Examiner
No record was available as to whether the Police had collected the same or not; or whether such material with its wrapper was in existence or not
F.I.R. and the memo. in question both carried reference of departure entry, but not that of arrival entry
Accused was admitted to bail, in circumstances. 2007 MLD 1092; 2009 PCr.LJ 1340 and 2010 SCMR 1160 ref. Zakir Hussain Bughio for Applicant.
Judgment & Decree
SYED ZAKIR HUSSAIN, J.
The case pertains to the recovery of charas weighing 5 kgs in shape of rods, the recovery of which is effected from the possession of the applicant by the police party on spy information, from the given place at the given date and time as reported against. The memo. was prepared as to the arrest of the applicant and recovery of the secured material respectively on the spot before the official witnesses, and a sample of the secured narcotic substance, consisting of 500 pieces of one gram each were parceled and sealed separately for chemical examination. The same was sent to the Chemical Examiner as a matter of investigation, whereas, the applicant having been brought at police station after registration of the F.I.R., was subjected to investigation and challaned before the court of law for the offence punishable under section 9-C of the Control of Narcotic Substances Act, 1997. The bail application preferred in the first instance before the learned trial court has been rejected. The learned counsel for the applicant states that the case appears to be one of further enquiry on the ground that there is no public witness of the arrest and recovery etc. and to the memo. in question; memo is silent as to the number of rods and as to the number of pieces secured as sample; the Expert report shows that one Khaki envelope parcel was received as stuffed with multiple pieces of charas weighing 500 grams as net weight, 30 grams out of the said 500 grams as per the report appears to have been consumed in the analysis whereas the remaining was kept for being dispatched to or collected from the office of the Chemical Examiner, by the police, and there appears no record as to whether the police has collected the same or not or whether such material with its wrapper is in existence or not; and the F.I.R. and the memo. in question both carry reference of departure entry but not that of arrival entry. In support of his contentions, the learned counsel placed reliance on 2007 MLD 1092, 2009 PCr.LJ 1340 and 2010 SCMR 1160, which being on identical matters of the recovery of narcotic substances, wherein the concession of bail has been extended to the accused on such like lapses and, or on the ground of further enquiry etc., carry nexus with the instant one. The learned A.P.-G. opposes the request in question. Consequently, I having heard the matter, do hereby grant bail to the applicant in the sum of Rs.3,00,000.00 with P.R. Bond in the like amount to the satisfaction of trial court in the interest of justice. H.B.T./M-196/K Bail granted.