1989 PLP 2802 (MLD)
MUHAMMAD ALTAF — Petitioner Versus THE STATE — Respondent
| Citation | 1989 PLP 2802 (MLD) |
| Forum / Court | Lahore |
| Bench Members | Rashid Aziz Khan, J |
| Parties | MUHAMMAD ALTAF — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 1989 PLP 2802 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 1989 PLP 2802 (MLD)?
The case was heard and decided by the Lahore bench comprising: Rashid Aziz Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 1989 PLP 2802 (MLD) (MUHAMMAD ALTAF — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sohail Akhtar for Petitioner.
Headnotes / Summary
S. 498--Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4- Bail before arrest--Accused allegedly managed to escape the raiding party while throwing an envelope containing some heroin--Accused named in F.I.R.--Identity of accused was disclosed by co-accused who was apprehended at the spot- Accused was seen by, the raiding party throwing away the envelope containing heroin and then running away--Nothing on record was available to indicate that the police had any motive or enmity against the accused petitioner to falsely involve him in the commission of the offence--Order of pre-arrest bail was recalled by High Court. Zaeem-ul-Farooq Malik and Najma Sharif for the State.
Judgment & Decree
Sohail Akhtar for Petitioner. Zaeem-ul-Farooq Malik and Najma Sharif for the State. The petitioner stands involved in a case registered under section 3/4 o the Prohibition (Enforcement of Hadd) Order IV of 1979 vide F.I.R. dated 27-3-1989. The allegations as contained in the F.I.R. are that the police received information that a person is indulging in the sale of heroin. In pursuance of said information, a raiding party was constituted which raided G.T. road near Circular Road where the petitioner alongwith another was found standing. The petitioner managed to escape the raiding party while throwing a brown envelope which contained Rs.290 as well as heron weighing 23 grams. Muhammad Iqbal, co accused of the petitioner was apprehended at the spot.
2. It is contended by learned counsel for the petitioner that the petitioner was not arrested at the spot nor any recovery at his instance was effected, therefore, his case is of further inquiry which entitles him to the concession of bail. Submits that the provision of section 103, Cr.P.C. has not been complied with, therefore, it has become a case of further inquiry.
3. I have heard the learned counsel at length and perused the record. The petitioner is named in the F.I.R. His identity was disclosed by the co-accused. He was also seen by the raiding party throwing away a brown envelope which contained heroin, and then running away. There is nothing on the record to A indicate that the police had any motive or enmity against the petitioner to falsely involve him in the commission of the offence. After considering the arguments of both the sides, I am convinced that it is not a fit case for the grant of pre-arrest bail, therefore, the ad-interim bail granted to the petitioner is recalled and the petition is dismissed. N.H.Q./M-1304/L Petition dismissed.