Case Details

Citation(s)
2017 SLG 2634 2017 SLD 2634 2017 PCRLJ 576
Lahore High Court
Criminal M. No. 552-B of 2016, decision Dated: 07-03-2016. hearing Date : 07-03-2015.
MAZHAR IQBAL SIDHU, JUSTICE MALIK SHAHZAD AHMAD KHAN, JUSTICE
Petitioner(s) by: Naveed Ahmad Khawaja
Respondent(s) by: Muhammad Akram Tahir, DDPP

IZHAR SHAH

VS

THE STATE AND ANOTHER

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession, import or export, trafficking or financing of trafficking---Bail, grant of---Charas weighing 2015 grams was alleged to have been recovered from the accused---Accused, as mentioned in the FIR, had received an injury on his right knee joint and was being treated by the police, which background reflected upon the veracity of the whole prosecution case---High Court made certain observations about the corrupt practices being carried on by the police and poor quality of investigation in criminal cases---Bail application was allowed accordingly. THIS ORDER PASSED BY: MALIK SHAHZAD AHMAD KHAN, JUSTICE---.--- The petitioner was sieged to arrest to search to recover 2015-grams charas, out of it, ten grams were made separate for analysis, the same is positive. 2. Learned counsel for the petitioner submits that the case is absolutely false; in fact the petitioner was apprehended and subjected to torture resulted in his serious injury on his right knee joint whereupon he was involved falsely so that he may not prosecute the police wrongdoers and in fact he is a rickshaw driver. Learned counsel has placed on record Photostat copies of registration of said rickshaw along with detail of its installments. At the end of arguments, it has been submitted that he is only bread winner of his family, therefore, clemency may also be showered. 3. Submissions have been opposed that the petitioner is nominated in the FIR; huge quantity of charas was recovered which rationally cannot be said to have been planted and the offence alleged falls within the prohibitory clause of section 497, Cr.P.C. 4. Heard. Record perused. 5. Explicitly it is mentioned in the FIR that the petitioner received an injury on his right knee joint and was being treated by the police. This backdrop reflects upon the whole prosecution's case veracity. 6. It is a talk of the town that our police treat the persons fiendishly though law does not permit it but some sort of conceit is assimilated in them by wearing the uniform and do not bother that they are accountable before the Almighty Allah.…
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