2004 PLP 439 (YLR)
TAJ ALI KHAN — Petitioner Versus THE STATE — Respondent
| Citation | 2004 PLP 439 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Dost Muhammad Khan, J |
| Parties | TAJ ALI KHAN — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2004 PLP 439 (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 2004 PLP 439 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Dost Muhammad Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2004 PLP 439 (YLR) (TAJ ALI KHAN — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Muhammad Yaqoob Khan Marwat for Petitioner.
- Date of hearing: 3rd July, 2003.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S.9
Bail, grant of-- Recovery of 1500 grams of Charas-- Quantity of 500 grams exceeded upper limit of 1000 grams
Such was a border line case between cls. . (b) & (c) of S. 9 of Control of Narcotic Substances Act, 1997-- Question, whether in such circumstances maximum punishment of 14 years provided in alternative would be awarded or not, would need discussion and further inquiry
Accused was neither previous convict nor had been involved in similar offence in the past
Accused was granted bail in circumstances. Shaukat Hayat Khakwani, D.A.-G. for the State.
Judgment & Decree
Shaukat Hayat Khakwani, D.A.-G. for the State. Date of hearing: 3rd July, 2003. Taj Ali Khan petitioner is seeking bail in case F.I.R. No.256 dated 30-6-2003 for offence under section 9, C.N.S. Act Police Station, Lakki Marwat. The allegations against him are that when he was confronted with Muhammad Tahir, S.H.O. he attempted to run away but was apprehended and in that course he had thrown a plastic wrapper which was collected from the ground and 1500 grams Charas was found therein, therefore, he was booked under the above F.I.R.
2. Arguments heard and record.
3. Not only because the quantity of 500 grams marginally exceeds the upper limit of 1000 grams, therefore, being a borderline case between clause 'B' and 'C' of section 9 and also because in the given circumstances whether maximum punishment of 14 years provided in the alternative would be awarded or not is also a point of discussion and further inquiry. Also from the record it is not established that he is a previous convict or involved in the same and similar offence in the past.
4. For the above reasons, this petition is allowed. The petitioner is granted bail in the sum of Rs.50,000 with two reliable sureties each in the like amount to the satisfaction of the Alaqa/Judicial Magistrate. S.A.K./1006/P Bail allowed.