| Citation(s) |
|---|
| 2004 SLG 2909 2004 SLD 2909 2004 PCRLJ 311 |
Lahore High Court
Criminal Miscellaneous No. 5369/B of 2003, decided & heard on: 09-10-2003
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, JUSTICE, M. NAEEMULLAH KHAN SHERWANI, JUSTICE
Liaqat Ali Malik for Petitioner. Ch. Muhammad Hafeez for the State.
Criminal Miscellaneous No. 5369/B of 2003, decided & heard on: 09-10-2003
MIAN MUHAMMAD NAJAM-UZ-ZAMAN, JUSTICE, M. NAEEMULLAH KHAN SHERWANI, JUSTICE
Liaqat Ali Malik for Petitioner. Ch. Muhammad Hafeez for the State.
ASHIQ HUSSAIN ER
VS
THE STATE --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Control of Narcotics Substances Act, 1997
Section: 9(b)
Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Bail, grant of---Complainant, police official who was on visiting terms with the accused, Was forbidden to visit any more because of his objectionable activities which caused annoyance to the accused---Said police official/complainant due to that reason became inimical towards the accused and behaved like being cobra, to sting accused---Only the police people had been cited as witnesses in the case and no independent, disinterested witness was brought forward to support theory propounded by police, party---Allegation brought against accused called for a further probe---Accused was not a previous convict and there was no likelihood of his jumping the bail---Maximum sentence provided for offence against accused was seven years---Accused was admitted to bail, in' circumstances. THIS ORDER PASSED BY: MIAN MUHAMMAD NAJAM-UZ-ZAMAN, JUSTICE:---.--- Ashiq Hussain-petitioner stands involved in Crime Report No. 177 under section 9(b) of the Control of Narcotic Substances Act, 1997, registered with Police Station, Jalalpur Bhattian, District Hafizabad on 22-6-2003 at the instance of Mansab Ali, A.S.-I, of the said police station. 2. The backdrop of the prosecution story is the following: On 22-6-2003 at about 3.25 p.m., the complainant alonglvith a contingent of police officials was available at Khurram Chor Road. He suspected the petitioner to be a person of dubious character. He forthwith conducted his personal search and recovered Charas weighing, 150 grams from his possession. Accordingly criminal law was set into motion by him by getting the aforementioned case registered-against him: 3. Earlier, petitioner was declined post-arrest bail by a learned Additional Sessions Judge at Pindi Battian through his order, dated 2-9-2003 on the basis of multiple reasons contained therein. Now by filing the instant petition he has approached this Court seeking same relief. 4. Learned counsel for the petitioner in his attractive arguments to this Court puts the matter like this:--- (i) That the complainant was on visiting terms with the petitioner. He was forbidden to…
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