Exclusive possession
Exclusive possession legal meaning, translation and judicial precedents.
Meaning & Judicial Interpretation: (اردو مفہوم اور قانونی تشریح)
Accused was a police officer and plea raised by him was that recovery was violative of provisions of S. 21(2) of Control of Narcotic Substances Act, 1997
Validity
Recovery of huge quantity of narcotics was effected from office of accused
In absence of accused, his office was found locked that indicated his exclusive control over the same and availability of case property inside a locked box lying there led to a tentative inference about conscious possession of accused
Accused himself was a police official and his false implication in absence of strong animosity could not be normally expected and same was not borne out of any requirement
Alleged raid was conducted in night hours and provisions of S. 21(2) of Control of Narcotic Substances Act, 1997 in such peculiar circumstances could not be strictly pressed
Such grounds could not be taken into consideration, at bail stage for doing so would amount to a deeper appreciation of material
As a result of entry into office of accused, huge quantity of narcotics was recovered and except narcotics, nothing there was seized to even prima facie attract provisions of S. 26 of Control of Narcotic Substances Act, 1997
Bail was declined in circumstances.
"Exclusive possession", Pakistan Law Portal, available at: https://paklawportal.com/words-terms-maxims/124959573
Precedents & Case Laws citing "Exclusive possession"
P L D 1992 Supreme Court 834
FAQIR SHAH and another — Petitioners Versus MUHAMMAD RAFIQ and 6 others — Respondents
Court: High Court1992 P Cr
ABBAS ‑‑‑Petitioner Versus THE STATE‑‑‑Respondent
Court: Lahore1980CLC149
GHULAM QADIR AND 3 OTHERS-Petitioners Versus ATTA ULLAH AND ANOTHER-Respondents
Court: LahoreP L D 1967 Dacca 715
ABDUS SALAM MEAJI AND OTHERS‑Petitioners Versus ABDUL KADIR BEPARI‑Opposite‑Party
Court:2018 S C M R 1199
MUHAMMAD IRFAN — Appellant Versus Mst. GUL AFROZ JAN (DECEASED) through LRs and others — Respondents
Court: Supreme Court of Pakistan1989 C L C 705
Pir ALLAUD DIN and another‑‑Petitioners Versus ANWAR and others‑‑Respondents
Court: PeshawarP L D 1955 Dacca 35
LALIT MOHAN DAS GUPTA‑and others Plaintiff‑ — Appellants Versus NALINIBALA DAS GUPTA and‑others — Respondents
Court:1979 C L C 230
MUHAMMAD SHAFI AND 2 OTHERS-Appellants Versus MUNSHI AND 3 OTHERS — Respondents
Court: LahoreP L D 1961 Dacca 259
AHMED MIAJI AND OTHERS‑Appellants Versus EAKUB ALI MUNSHI AND OTHERS‑Respondents
Court: High Court