2013 PLP 547 (YLR)
MUHAMMAD JAHANGIR — Petitioner Versus The STATE and another — Respondents
| Citation | 2013 PLP 547 (YLR) |
| Forum / Court | Lahore |
| Bench Members | Sardar Tariq Masood and Mehmood Maqbool Bajwa, JJ |
| Parties | MUHAMMAD JAHANGIR — 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 2013 PLP 547 (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 2013 PLP 547 (YLR)?
The case was heard and decided by the Lahore bench comprising: Sardar Tariq Masood and Mehmood Maqbool Bajwa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2013 PLP 547 (YLR) (MUHAMMAD JAHANGIR — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Syed Faiz-ul-Hassan for Petitioner.
- Khurram Khan, D.P.G. for Respondents.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Grudge of police officials against accused
No previous criminal record
Accused and his mother had been illegally detained by police officials of concerned police station, prior to registration of present F.I.R., and were only recovered when High Court deputed a bailiff in response to a constitutional petition
F.I.R. was registered against concerned police officials when bailiff sent his report to the Area District Police Officer (DPO) because of which police officials of said station must have borne a grudge against the accused and his family, which called for further inquiry into accused's case
Accused had no previous criminal record and narcotics allegedly recovered from accused slightly exceeded the upper limit prescribed in S. 9(b) of Control of Narcotic Substances Act, 1997, therefore, whether maximum punishment of fourteen years was to be awarded to accused or not , also called for further inquiry into the matter
Accused being behind bars since about four months and no more required by the police for investigation, he was admitted to bail.
Judgment & Decree
Through this petition, Muhammad Jahangir petitioner has sought his post-arrest bail under section 497, Cr.P.C. in case F.I.R. No.165 of 2011 dated 9-6-2011 under section 9(c) of CNSA, 1997 registered at Police Station Karana., District, Sargodha.
2. According to prosecution case heroin 1260 grams was recovered from the person of the petitioner.
3. Learned counsel for the petitioner contends that earlier petitioner was illegally detained and injured by the local police and a bailiff was deputed by this Court to recover the petitioner. The petitioner was recovered and a direction for registration of F.I.R. was issued and an F.I.R. was registered against the police officials, due to the said grievance police managed this false case against the petitioner after giving beating to the petitioner; that petitioner got a blotless career and there is no previous criminal record against the petitioner.
4. On the other hand learned D.P.-G. opposed this petition on the ground that huge quantity of narcotics was recovered from the petitioner.
5. Heard. Record perused.
6. Sarfraz Ahmad son of Samand filed Writ Petition No.1429 of 2009 against the police of Police Station Karana with the allegation that they have detained the petitioner and his mother, whereupon a bailiff was deputed by this Court and petitioner and his mother were recovered and vide order dated 27-1-2009 the report of the bailiff was sent to DPO for registration of the case against the S.H.O. of the said Police Station and F.I.R. No.135 of 2009 was registered at Police Station Karana against the police officials. Due to the said reason, the police of Police Station Karana must bear grudge against the petitioner and his family. Due to this reason case of the petitioner calls for further inquiry, especially when petitioner has no previous criminal record. The narcotics recovered is slightly exceeding one kilogram, the upper side of section 9(b) of the C.N.S.A. 1997. In the given circumstances whether maximum punishment of 14 years provided in the alternative would be awarded or not is also a point of discussion and further inquiry. The petitioner is behind the bars since 9-6-2011 and his person is no more required by the police for the purpose of investigation. His further incarceration in jail would not serve any useful purpose. Due to above-mentioned reasons this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (Rupees one lac) with one surety in the like amount to the satisfaction of the learned trial Court. MWA/M-28/L Bail allowed.