2002 P Cr (PLP)
GHARIB ULLAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
| Citation | 2002 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | Nasirul Mulk, J |
| Parties | GHARIB ULLAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent |
| Primary Law | Criminal Procedure Code (V of 1898)‑‑‑ |
Q1: What are the key laws and sections cited in 2002 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 2002 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: Nasirul Mulk, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2002 P Cr (PLP) (GHARIB ULLAH‑‑‑Petitioner Versus THE STATE‑‑‑Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nek Nawaz Khan for Petitioner.
- Date of hearing: 24th January, 2002
Headnotes / Summary
‑‑‑‑S. 497‑‑‑Control of Narcotic Substances Act (XXV of 1997), S.9(3)‑‑ Bail ‑‑‑Search and arrest of the accused by a Police Officer below the rank of Sub‑Inspector under the Control of Narcotic Substances Act, 1997 was illegal and would entitle him to bail‑‑‑Even. if the accused was charged under the Prohibition (Enforcement of Hadd) Order, 1979, the maximum punishment for trafficking "Charas" regardless of its quantity was five years' R.I. which would take his case out of the ambit of the prohibitory clause of S.497(1), Cr.P.C.‑‑‑Accused was admitted to bail in circumstances. Malik Imran Khan for the State.
Judgment & Decree
‑‑‑‑S. 497‑‑‑Control of Narcotic Substances Act (XXV of 1997), S.9(3)‑‑ Bail ‑‑‑Search and arrest of the accused by a Police Officer below the rank of Sub‑Inspector under the Control of Narcotic Substances Act, 1997 was illegal and would entitle him to bail‑‑‑Even. if the accused was charged under the Prohibition (Enforcement of Hadd) Order, 1979, the maximum punishment for trafficking "Charas" regardless of its quantity was five years' R.I. which would take his case out of the ambit of the prohibitory clause of S.497(1), Cr.P.C.‑‑‑Accused was admitted to bail in circumstances. Nek Nawaz Khan for Petitioner. Malik Imran Khan for the State. Date of hearing: 24th January, 2002 On 23‑10‑2001, Head Constable of Police Station Alpuri stopped a motor car at Check Post Shangla and on its search recovered 14 Kgs. of Charas from the secret cavities. The occupant of the car, Gharibullah, resident of Gul Abad, Peshawar was arrested and taken to the Police Station alongwith the car. A case under section 9(3) of the Control of Narcotic Substances Act was registered. The accused was declined bail by the lower Courts and has now moved the High Court.
2. The learned counsel appearing for the petitioner pointed out that search and arrest under the Control of Narcotic Substances Act cannot be carried out by Police Officer below the rank of Sub‑Inspector as now laid down by a Full Bench of this Court. This in itself, it was contended, entitles the petitioner to bail. The learned counsel representing tile State conceded the legal position as regards C.N.S.A. but contended that the petitioner can still be charged and tried under the Prohibition Order, 1979.
3. This Court has undoubtedly declared that search and arrest of in accused by a police officer below the rank of Sub‑Inspector under the C.N.S.A. is illegal and would entitle an accused to bail. However, even if the petitioner is charged under the Prohibition Order the maximum punishment for trafficking Charas, regardless of its quantity, is 5 years imprisonment. This would take the case out of the ambit of the Prohibitory Clause of section 497, Cr.P.C. The application is, therefore, allowed and the petitioner is admitted to bail in the sum of Rs.2,00,000 (Rupees two hundred thousand) with two sureties each in the like amount to the satisfaction of the Illaqa/Duty Magistrate. N.H.Q./429/P. Bail allowed.