2008 PLP 802 (MLD)
RAHMAT ULLAH KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2008 PLP 802 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | RAHMAT ULLAH KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 PLP 802 (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 2008 PLP 802 (MLD)?
The case was heard and decided by the Lahore bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 PLP 802 (MLD) (RAHMAT ULLAH KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M.A. Zafar for Petitioner.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9(c)
Nothing was recovered from the accused
Allegation against accused was that he had led the police party to the place where co-accused allegedly involved in the business of sale of narcotics was present and on seeing the police he fled away, while throwing 1300 grams of "Charas"
Question as to how far the accused was liable in the circumstances for the offence falling under S.9(c) of the Control of Narcotic Substances Act, 1997, called for further inquiry
Judgment & Decree
Rehmat Ullah Khan petitioner seeks post arrest bail in case F.I.R. No.15 of 2004, dated 21-1-2004 registered under section 9(c) Control of Narcotic Substances Act, 1997, at Police Station Moch. District Mianwali.
2. The allegation against the petitioner as penned in the F.I.R. is that during investigation of case F.I.R. No.15, dated 21-1-2004 registered under section 9(c) of Control of Narcotic Substances Act, petitioner disclosed that he could get recovered more narcotics from the house of his co-accused Habib Ullah and led the police party to the said House. Statedly on seeing the police party Habib Ullah accused managed to flee away while throwing the shopper containing 1300 grams Charas.
3. Admittedly, in the present case nothing was recovered from the petitioner and the precise allegation against him is that he led the police party to the place where his co-accused who is allegedly involved in the business of sale of narcotics was present and on seeing the police he fled away while throwing 1300 grams of Charas. In the said circumstance how far the petitioner is liable for the offence falling under section 9(c) of the ibid Act calls for further inquiry. Accordingly the instant petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rupees one lac with one surety in the like amount to the satisfaction of the trial Court. N.H.Q./R-59/L Bail allowed.