2009 PLP 814 (YLR)
MUHAMMAD KASHIF — Applicant Versus THE STATE — Respondent
| Citation | 2009 PLP 814 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Salman Ansari, J |
| Parties | MUHAMMAD KASHIF — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2009 PLP 814 (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 2009 PLP 814 (YLR)?
The case was heard and decided by the Karachi bench comprising: Salman Ansari, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2009 PLP 814 (YLR) (MUHAMMAD KASHIF — Applicant Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9(b) (c)
Accused was in custody for the last more than 16 months and no witness had been examined--Said delay could not be attributed to accused
Recovery was on he border line of offence falling under Ss.9(b) and 9(c) of Control of Narcotic Substances Act, 1997; in said circumstances and facts, case of accused required further inquiry
Accused was admitted to bail, in circumstances. Sherin Muhammad v. The State 2006 PCr.LJ 726; Mehboob Ali v. The State 2007 YLR 2968; Imtiaz Ali v. The State 2006 MLD 1961; Muhammad Nawaz v. The State 2007 MLD 1846 and Muhammad Farrukh Khan Zia v. The State 2008 MLD 608 ref. Syed Nadeemul Haq for Applicant. Ashfaq Hussain Rizvi, Special Prosecutor, ANF for the State.
Judgment & Decree
SALMAN ANSARI, J.
Applicant Muhammad Kashif was apprehended on 15-6-2007 at 1730 hours while leaving for Kathmandu via Bahrain by Gulf Airlines Flight No. GF-753 and on inspection heroin weighing 600 grams was recovered from his shoes and subsequently on his physical examination heroin filled capsules were recovered containing 450 grams heroin and the learned Special Judge-II, (C.N.S.) Karachi had rejected the bail application on the ground that the case was registered under section 9-C C.N.S. Act, 1997 and falls within the prohibitory clause of section 51 C.N.S. Act, 1997. Learned counsel for the applicant had argued that the accused is in custody since more than 16 months and no witness has been examined, recovery falls on border line placing reliance upon 2006, PCr.LJ 726 (Peshawar)-Sherin Muhammad v. The State, 2007 YLR 2968 (Karachi)-Mehboob Ali v. The State 2006 MLD 1961 Imtiaz Ali v. The State, where the bail had been granted in which the recovery was shown on the border line of offence falling under sections 9(b) and 9(c) of the C.N.S. Act 1997. Learned counsel also argued that all the capsules have not been sent for chemical examination, placing reliance upon 2007 MLD 1846 Muhammad Nawaz v. The State, 2008 MLD 608 Muhammad Farrukh Khan Zia v. The State, learned counsel has argued that accused be released on bail. Learned State Counsel has argued that offence falls under section 9(c), C.N.S. Act, 1997, which falls within the Prohibitory Clause of section 497(i), Cr.P.C. such acts had brought bad name to the country. Accused is not entitled to bail at this stage. Heard learned counsel for the applicant and learned counsel for the State in this case. The accused is in custody since the date of his arrest and according to the State Counsel no witness has been examined. This delay cannot be attributed to the accused and the trial should have been expedited that even otherwise finding that the recovery in this case on the border line as held in the case law cited where under section 9(b) of C.N.S. Act, 1997 the punishment provided which may extend to 7 years, while under section 9(c) it was death or imprisonment for life. Meanwhile considering the above facts and circumstances the case of the applicant requires further inquiry. He may be released on bail subject to furnishing solvent surety for an amount of Rs.500,000 (Five Lacs) with, P.R. Board in the like amount to the satisfaction of the trial Court. H.B.T./M-23/K Bail granted.