| Citation(s) |
|---|
| 2019 SLG 3015 2019 SLD 3015 2019 SCMR 1928 |
Supreme Court of Pakistan
Criminal Appeal No. 282 of 2019, decision & hearing Dated: 21-08-2019. (Against the order Dated 16.05.2019 passed by the Islamabad High Court, Islamabad in Criminal Miscellaneous No. 283-B of 2019)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Ch. Ehtisham-ul-Haq, Special Prosecutor, Anti-Narcotics , Syed Rifaqat Hussain Shah, Advocate-on-Record, Mirza Abdul Rehman, A.D. and Faizan Khawaja, I.O.
Respondent(s) by: Syed Wusal-ul-Hassan Shah, Advocate Supreme Court in person.
Criminal Appeal No. 282 of 2019, decision & hearing Dated: 21-08-2019. (Against the order Dated 16.05.2019 passed by the Islamabad High Court, Islamabad in Criminal Miscellaneous No. 283-B of 2019)
MAZHAR ALAM KHAN MIANKHEL, JUSTICE QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Ch. Ehtisham-ul-Haq, Special Prosecutor, Anti-Narcotics , Syed Rifaqat Hussain Shah, Advocate-on-Record, Mirza Abdul Rehman, A.D. and Faizan Khawaja, I.O.
Respondent(s) by: Syed Wusal-ul-Hassan Shah, Advocate Supreme Court in person.
DIRECTOR/FORCE COMMANDER, A.N.F. RAWALPINDI
VS
QASIM ALI
Law: Control of Narcotics Substances Act, 1997
Section: 9(c),15,51
Law: Criminal Procedure Code (V of 1898)
Section: 497,497(2)
(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 15 & 51---Leave to appeal was granted by Supreme Court to consider grant of post-arrest bail to accused by Division Bench of High Court in respect of offences under Ss. 9(c) & 15 of Control of Narcotic Substances Act, 1997. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(c), 15 & 51---Criminal Procedure Code (V of 1898), S. 497--- Recovery of narcotics---Bail, grant of---Accused was arrested with possession of multiple narcotic substances but was admitted to bail by High Court with reference to S. 497, Cr.P.C.---Validity---Provisions of S. 51 of Control of Narcotic Substances Act, 1997 ousted application of provisions of S. 497, Cr.P.C. to cases under Control of Narcotic Substances Act, 1997---Any reference to S. 497(2), Cr.P.C. by High Court while admitting accused to bail was uncalled for---Supreme Court set aside order in question as merits of the case against accused were not attended by High Court at the time of passage of the same---Supreme Court, instead of cancelling bail of accused remanded matter to High Court to attend merits of the case with observations that during the interregnum the accused shall be deemed to be on ad interim post-arrest bail which the High Court may confirm or not---Appeal was allowed accordingly. Ghulam Murtaza and another v. The State PLD 2009 Lah. 362 distinguished. Socha Gul v. The State 2015 SCMR 1077 ref. THIS JUDGMENT DELIVERED BY: ASIF SAEED KHAN KHOSA, C.J.--- Criminal Miscellaneous Application No. 1233 of 2019 This miscellaneous application is allowed and the rejoinder filed by the respondent is permitted to be brought on the record of the main appeal. Disposed of. Criminal Appeal No. 282 of 2019 2. Through this appeal by leave of this Court granted on 26.07.2019 the Anti-Narcotics Force/appellant has assailed the order dated 16.05.2019 passed by a learned Division Bench of the Islamabad High Court, Islamabad in Criminal Miscellaneous No. 283-B of 2019 whereby the respondent was admitted to post-arrest bail in case FIR No.4 registered at Police Station Anti-Narcotics Force/R.D. North, Rawalpindi on 12.01.2019 in respect…
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