2016 PLP 74 (YLRN)
LAL MUHAMMAD — Petitioner Versus The STATE and others — Respondents
| Citation | 2016 PLP 74 (YLRN) |
| Forum / Court | Lahore (Multan Bench) |
| Bench Members | Syed Shahbaz Ali Rizvi and Aslam Javed Minhas, JJ |
| Parties | LAL MUHAMMAD — Petitioner Versus The STATE and others — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2016 PLP 74 (YLRN)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2016 PLP 74 (YLRN)?
The case was heard and decided by the Lahore (Multan Bench) bench comprising: Syed Shahbaz Ali Rizvi and Aslam Javed Minhas, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2016 PLP 74 (YLRN) (LAL MUHAMMAD — Petitioner Versus The STATE and others — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Sardar Ashfaq Ahmad Khan Baloch for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Possessing and trafficking narcotics
Charas, allegedly recovered from accused was 1050 grams; that was slightly higher in weight mentioned under Cl.(b) of S.9 of Control of Narcotic Substances Act, 1997
Said weight, might have occurred due to weighing of the substance along with the shopping bag/casing, wherein it was wrapped and kept, as nothing was available on the record to suggest that weighing was made without the said packing material
Accused was behind the bars since his arrest on 21-4-2015, and he was no more required for the purpose of investigation
Incarceration of accused, was of no consequence to prosecution case
Investigating Officer confirmed that accused had no previous criminal record of such like cases
Accused, was admitted to bail, in circumstances. [Para. 4 of the judgment] M. Abdul Wadood, D.P.-G. with Muhammad Akram, A.S.I. for the State. ORDER Through this petition, petitioner Lal Muhammad seeks post-arrest bail in case FIR No.202/2015, dated 21.04.2015, for offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Noor Shah, District Sahiwal.
2. Allegation against the petitioner is that he was found in possession of charas weighing 1050 grams along with sale amount of Rs.300/- at the time of his arrest by the police party.
3. Heard. Record perused.
4. The charas allegedly recovered from the petitioner is 1050 grams that is slightly higher in weight mentioned under clause (b) of section 9 of the Control of Narcotic Substances Act, 1997. The said weight might have occurred due to weighing of the substance along with the shopping bag/casing, wherein it was wrapped and kept, as nothing is available on the record to suggest that weighing was made without the above mentioned packing material. Petitioner is behind the bars since 21.04.2015 and he is no more required for the purpose of investigation. Further incarceration of the petitioner is of no consequence to the prosecution case. Investigating Officer, present before the Court, confirms that the petitioner has no previous criminal record of such like cases. Therefore, we allow this petition and admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in like amount to the satisfaction of the learned trial Court.
4. It is, however, clarified that the observations made hereinabove are just tentative in nature and strictly confined to the disposal of this bail petition. HBT/L-6/L Bail granted.
Judgment & Decree
Through this petition, petitioner Lal Muhammad seeks post-arrest bail in case FIR No.202/2015, dated 21.04.2015, for offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Noor Shah, District Sahiwal.
2. Allegation against the petitioner is that he was found in possession of charas weighing 1050 grams along with sale amount of Rs.300/- at the time of his arrest by the police party.
3. Heard. Record perused.
4. The charas allegedly recovered from the petitioner is 1050 grams that is slightly higher in weight mentioned under clause (b) of section 9 of the Control of Narcotic Substances Act, 1997. The said weight might have occurred due to weighing of the substance along with the shopping bag/casing, wherein it was wrapped and kept, as nothing is available on the record to suggest that weighing was made without the above mentioned packing material. Petitioner is behind the bars since 21.04.2015 and he is no more required for the purpose of investigation. Further incarceration of the petitioner is of no consequence to the prosecution case. Investigating Officer, present before the Court, confirms that the petitioner has no previous criminal record of such like cases. Therefore, we allow this petition and admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs.100,000/- (Rupees one hundred thousand only) with one surety in like amount to the satisfaction of the learned trial Court.
4. It is, however, clarified that the observations made hereinabove are just tentative in nature and strictly confined to the disposal of this bail petition. HBT/L-6/L Bail granted.