Case Details

Citation(s)
2015 SLG 2940 2015 SLD 2940 2015 PCRLJ 1508
Lahore High Court
Criminal Miscellaneous No. 5375-B of 2015, decided on 7th May, 2015.
MUHAMMAD ANWAARUL HAQ AND MAMOON RASHID SHEIKH, JJ
Ch. Muhammad Ashraf Khan for Petitioner. Ch. Muhammad Mustafa, Deputy Prosecutor-General for the State.

MUHAMMAD IMRAN alias IMRANOO alias KALU SHAHPURIA

VS

The STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotics drugs, import and export of narcotic drugs, trafficking or financing trafficking of narcotic drugs---Bail, grant of---Further inquiry---Petitioner was alleged to have thrown away pack of eleven hundred grams of heroin while fleeing away from the scene---Contention raised by petitioner was that present case was prima facie one of further inquiry as no identification parade had been conducted---Heroin had not been recovered from possession of petitioner---Quantity of heroin allegedly recovered was slightly higher than weight mentioned in S.9(b), of Control of Narcotic Substances Act, 1997---Petitioner was no longer required for purpose of investigation---Further incarceration of petitioner was not likely to further the prosecution case---Bail application was allowed accordingly. ORDER The petitioner, Muhammad Imran alias Imranoo alias Kalu Shahpuria, seeks post-arrest bail in case bearing F.I.R. No.201/2015 dated 18-3-2015, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Sattellite Town, District Sargodha. 2. The learned counsel for the petitioner submits that the allegation against the petitioner is that whilst throwing away the packet containing 1100 grams heroin he succeeded in fleeing the scene. Contends that in the absence of any identification parade conducted for proper identification of the petitioner as being involved in the offence prima facie case against the petitioner is one of further inquiry into his guilt. 3. The learned D.P-G. controverts the stance of the learned counsel for the petitioner and submits that a huge quantity of narcotic substance has been recovered from…
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