Case Details

Citation(s)
2017 SLG 2920 2017 SLD 2920 2017 SCMR 1993
Supreme Court of Pakistan
Criminal Petitions Nos. 711-L and 746-L to 752-L of 2017, decision & hearing Date : 08-09-2017 (Against the order Dated 06.03.2017 passed by the Lahore High Court, Lahore in Criminal Miscellaneous Nos. 1133-B, 1631-B, 1571-B, 1267-B, 2129-B, 1848-B, 1286-
ASIF SAEED KHAN KHOSA, JUSTICE, MANZOOR AHMAD MALIK, JUSTICE
Ch. Zubair Ahmed Farooq, Additional Prosecutor General, Punjab for the State. Nemo for
Respondents (in all other cases).

THE STATE

VS

MUHAMMAD SARWAR & OTHERS

Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 4

Law: Constitution of Pakistan, 1973

Section: 185(3)

Law: Control of Narcotics Substances Act, 1997

Section: 2(d)(ii)

Criminal Procedure Code (V of 1898)--.-- --.---S. 497(5)--.--Control of Narcotic Substances Act (XXV of 1997), S. 2(d)(ii)--.--Prohibition (Enforcement of Hadd) Order (4 of 1979), Art. 4--.-- Constitution of Pakistan, Art. 185(3)--.--Possession of narcotic--.--Petition for cancellation of bail, dismissal of--.--Accused persons had been admitted to post-arrest bail by the High Court mainly because it was yet to be determined as to whether the offence allegedly committed by them attracted the provisions of S. 2(d)(ii) of the Control of Narcotic Substances Act, 1997 or those of the Prohibition (Enforcement of Hadd) Order, 1979--.--Supreme Court declined to attend to such aspect of the case at present stage and held, that no allegation had been levelled against the accused persons regarding misuse or abuse of the concession of bail--.--Investigation of the case had already been finalized and physical custody of the accused persons was no longer required at present stage for the purposes of investigation--.--No occasion had been found to interference in the bail granting order of the High Court--.--Petition for leave to appeal was dismissed accordingly. THIS ORDER PASSED BY: ASIF SAEED KHAN KHOSA, JUSTICE:---.--- Criminal Petition No. 711-L of 2017 The learned Additional Prosecutor-General, Punjab appearing for the petitioner/the State has informed that respondent No. 1 namely Muhammad Sarwar has been acquitted by the trial court upon conclusion of his trial. In view of this development this petition has become infructuous and the same is dismissed as such. Criminal Petition No. 750-L of 2017 2. The learned Additional Prosecutor-General, Punjab appearing for the petitioner/the State has informed that respondent No. 1 has already been convicted and sentenced by the trial court upon conclusion of his trial. In view of this development this petition has become infructuous and the same is dismissed as such. Criminal Petition No. 752-L of 2017 3. The learned Additional Prosecutor-General, Punjab appearing for the petitioner/the State has informed that respondent No. 1 has been acquitted…
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