2008 P Cr (PLP)
IBRAR — Petitioner Versus THE STATE — Respondent
| Citation | 2008 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | IBRAR — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2008 P Cr (PLP)?
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 P Cr (PLP)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2008 P Cr (PLP) (IBRAR — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Imran Clerk of Muhammad Ilyas Khan for Petitioner.
- 3. Written arguments on behalf of the petitioner were submitted which were perused in the light of available record, while the learned Deputy Advocate-General opposed the bail prayer of the petitioner orally on behalf of the State.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S.9
Was yet to be determined at the trial, whether the case fell under S.9(b) or 9(c) of Control of Narcotic Substances Act, 1997 being a border line case
No independent witness of the recovery was available
Prima facie, the case of accused fell within the ambit of further inquiry entitling him to the concession of bail
Judgment & Decree
MUHAMMAD ALAM KHAN, J.
After the rejection of his application for bail by the Court of learned Judge Special Court/Additional Sessions Judge-V, Bannu vide its order dated 24-1-2008 in case F.I.R. No.3 dated 6-1-2008 under section 9 C.N.S.A. registered at Police Station Saddar Bannu, Ibrar son of Sher Afzal, accused/petitioner, has filed the application in hand for the same relief.
2. The prosecution story is that on the fateful day and time, Iftikhar Ali Shah, S.H.O. of Police Station Saddar Bannu along with police party was on routine Gusht and when reached the place of occurrence, a man having a plastic envelope in his hand on seeing the police party tried to run but he was overpowered, On interrogation, he disclosed his name as Ibrar son of Sher Afzal, resident of Hassan Khel Esakey, District Bannu. On checking the plastic envelope, it contained Charas weighing 1510 grams, out of which four grams was separated for chemical analysis in parcel No.1 while the remaining quantity of 1506 grams was sealed in parcel No.2. The accused/petitioner was accordingly booked for the instant offence. Thereafter he applied for his release on bail but it was declined by the learned lower. Court as mentioned above and hence this petition.
3. Written arguments on behalf of the petitioner were submitted which were perused in the light of available record, while the learned Deputy Advocate-General opposed the bail prayer of the petitioner orally on behalf of the State.
4. Without discussing deep merits of the case at this stage, prima facie, the case of the accused/petitioner falls within the ambit of further inquiry entitling him to the concession of bail, as it is yet to be determined at the trial whether the ease falls under section 9(b) or 9(c) C.N.S.A. being of a border line case and there is no independent witness to the recovery. Reliance in this respect is placed on the cases reported as 2004 YLR 439, 2006 PCr.LJ page 726 and 2005 PCr.LJ page 345.
5. Consequently, this application is allowed and the accused/petitioner is admitted to bail, subject to his furnishing bail bond, in the sum of Rs.1,00,000 (Rs. one lac) with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate Bannu, who shall see that the sureties are local, reliable and men of means. Above are the reasons for my short order of even date. H.B.T./83/P Bail granted.