2006 PLP 1048 (MLD)
MUHAMMAD IQBAL — Petitioner Versus THE STATE-Respondent
| Citation | 2006 PLP 1048 (MLD) |
| Forum / Court | Lahore |
| Bench Members | N/A |
| Parties | MUHAMMAD IQBAL — Petitioner Versus THE STATE-Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1048 (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 2006 PLP 1048 (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: 2006 PLP 1048 (MLD) (MUHAMMAD IQBAL — Petitioner Versus THE STATE-Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Malik Rab Nawaz for Petitioner.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), Ss. 6 & 9
Bail, grant of--Further inquiry
Investigation in case had not been completed because Investigating Officer who had gone on training, had taken away case file with him
Investigation. of case, in circumstances, had not been finalized due to negligence of Police Officials
Even the report from the office of Chemical Examiner, had not been received and no legal explanation had been furnished for the delay in finalizing investigation and in submitting challan before the Trial Court
Case being of further inquiry, accused was entitled to grant of bail.
Judgment & Decree
The petitioner, Muhammad Iqbal, through this application, is seeking post-arrest bail in case F.I.R. No.581, dated 9-7-2003, registered at Police Station Ghulam Muhammadabad, Faisalabad, for the offences under sections 6/9 of Control of Narcotic Substances Act, 1997, at the instance of complainant, Waseem Fraz, S.-I., for the alleged recovery of 1050 grams of Charas.
2. The petitioner was arrested on 9-7-2003. The investigation has not yet been completed. His application for the grant of post-arrest bail has been dismissed by the Additional Sessions Judge, Faisalabad, on 3-11-2003.
3. We have heard the learned counsel for the petitioner and the learned counsel representing the State.
4. On 15-12-2003, when the application came up for hearing before this Court, A.S.-I. Muhammad Qasim appeared in Court and stated that the investigation had not been completed till then because the Investigating Officer Waseem Fraz had gone on training to Sehala and had taken away the case file with him. Hence, the S.H.O. was directed to appear and explain why the case file has gone to Sehala. The S.H.O. has not turned up today and has, instead, sent Muhammad Arshad, A.S.-I., who has reiterated that the afore-named Investigating Officer has taken the case file along with him to Sehala and has not returned the same as yet.
5. The abovementioned shows that the investigation of the present case is not being finalized due to the negligence of the police officials. Even the report from the office of Chemical Examiner has not been received so far and no legal explanation has been furnished for the delay in finalizing the investigation and in submitting the challan before the trial Court. Under the circumstances, we hold that it is a case of further inquiry and the petitioner is entitled to the grant of bail.
6. In view of the abovementioned, the application is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court. H.B.T./M-518/L Bail granted.