2005 PLP 1862 (YLR)
RAYASAT ALI — Applicant Versus THE STATE — Respondent
| Citation | 2005 PLP 1862 (YLR) |
| Forum / Court | Karachi |
| Bench Members | Sarmad Jalal Osmany and Muhammad Mujeebullah Siddiqui, JJ |
| Parties | RAYASAT ALI — Applicant Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2005 PLP 1862 (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 2005 PLP 1862 (YLR)?
The case was heard and decided by the Karachi bench comprising: Sarmad Jalal Osmany and Muhammad Mujeebullah Siddiqui, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2005 PLP 1862 (YLR) (RAYASAT ALI — 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)-- Bail, grant of --Further inquiry-- Mashirnama of recovery and F.I.R., showed that 1100 grams of Charas were recovered from possession of accused, while according to Chemical Examiner's Report, net weight of entire Charas was 978 grams and no explanation was available for discrepancy of 122 grams Charas
Delay of 17 days occurred in sending 'the sample to Chemical Examiner and no explanation was given for said delay
State counsel had no objection if bail was granted to accused
Case against accused being of further inquiry, he was admitted to bail. Abdul Ghaffar Samo for Applicant. Habib Ahmed, A.A.-G. for the State.
Judgment & Decree
Abdul Ghaffar Samo for Applicant. Habib Ahmed, A.A.-G. for the State. Applicant Rayasat Ali is facing trial in Special Court No.1 (C.N.S.) Karachi; for the offence punishable under section 9(b), C.N.S. Act, 1997. We have heard Mr. Abdul Ghaffar Samo, learned counsel for the applicant and Mr. Habib Ahmed, learned A.A.-G. for the State. Mr. Samo has contended that according to Mashirnama of recovery and F.I.R., 1100 grams of Charas were recovered from the possession of applicant Rayasat Ali, while according to the Chemical Examiner's Report, the net weight of entire Charas was 978 grams. There is discrepancy of 122 grams for which there is no explanation. He has further submitted that the applicant is a businessman and has been falsely implicated because of enmity with Pak Colony Police. He has further submitted that there is a delay of 17 days in sending the sample to Chemical Examiner. The alleged recovery is dated 13-10-2004 and the sample has been sent on 1-11-2004. The learned counsel has submitted that the applicant is entitled to the benefit of doubt even at the bail stage and consequently, he is entitled to be released on bail, as it is a case of further inquiry, as envisaged under subsection (2) of section 497, Cr.P.C. He has further pointed out that even the trial Court has observed that, difference in two weights can be resolved after recording of evidence of complainant. Mr. Habib Ahmed, learned A.A.-G., has frankly stated that at this stage, there is no explanation for the delay and discrepancy in weight of Charas and consequently, he has no objection ii' bail is granted to the applicant. In the above circumstances, applicant Rayasat Ali is granted bail in the sum of Rs.50,000 (Rupees Fifty Thousand) on furnishing one surety and P.R. bond in the like amount to the satisfaction of Nazir of this Court. After furnishing of surety before Nazir of this Court, the Nazir shall transmit the surety papers to the trial Court and if the applicant jumps over the bail, the trial Court is empowered to forfeit his bail bond and take appropriate action in accordance with law, without reference to this Court. H.B.T./R-41/K Bail granted.