| Citation(s) |
|---|
| 2022 SLG 1122 2022 SLD 1122 2022 SCMR 840 |
Supreme Court of Pakistan
Criminal Petitions Nos. 1088 to 1090, 1111 and 1136 of 2021, decision Dated: 07-12-2021, Date of hearing: 07-12-2021. (Against the order Dated 2.8.2021 passed by the Lahore High Court Multan Bench in Cr. Misc. Nos. 3156-B, 3157-B, 2596-B, 2597-B and 3801-
MUNIB AKHTAR, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Dil Muhammad Alizai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by: Ch. M. Sarwar Sidhu, Additional P.G. Punjab with Imran, DSP, Shoukat, SI, Rehmat Ali, Excise SI
Criminal Petitions Nos. 1088 to 1090, 1111 and 1136 of 2021, decision Dated: 07-12-2021, Date of hearing: 07-12-2021. (Against the order Dated 2.8.2021 passed by the Lahore High Court Multan Bench in Cr. Misc. Nos. 3156-B, 3157-B, 2596-B, 2597-B and 3801-
MUNIB AKHTAR, JUSTICE, QAZI MUHAMMAD AMIN AHMED, JUSTICE
Petitioner(s) by: Dil Muhammad Alizai, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record
Respondent(s) by: Ch. M. Sarwar Sidhu, Additional P.G. Punjab with Imran, DSP, Shoukat, SI, Rehmat Ali, Excise SI
MUHAMMAD YOUSAF AND ANOTHERS
VS
THE STATE AND ANOTHER
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Constitution of Pakistan, 1973
Section: 185(3)
Law: Control of Narcotics Substances Act, 1997
Section: 9(c),51
Criminal Procedure Code (V of 1898)--- ----S. 497---Constitution of Pakistan, Art. 185(3)---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) , 51---Recovery of 56.4 kgs of cannabis concealed in cavities of a truck---Bail, refusal of---Considerable cache comprising 56.4 kgs cannabis was concealed in different cavities of the truck, discovered pursuant to piecemeal disclosures by the accused persons through elaborate investigate efforts involving steel cutters and, thus, it was humanly not possible for the police contingent to conclude the exercise in one go; they proceeded with the registration of cases as and when the recoveries became available and this certainly did not allow, within the limited space of tentative assessment, to entertain any manner of doubt for imposition of such a huge cache as in the given facts and circumstances of the case, there was no smarter way to better systematize the conclusion of investigative proceedings---Material collected coupled with the statements of the witnesses clearly attracted the mischief of S. 51 of the Control of Narcotic Substances Act, 1997, standing as an impediment to release of accused persons on bail---Petition or leave to appeal was dismissed, and accused persons were refused bail. ORDER: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Consequent upon a single transaction with registration of different criminal cases, bail petitions wherefrom, were decided by the High Court through orders of even date, bear a common thread and, thus, are being decided through this single order. 2. On a tip off, Shoukat Hayat, SI of Police Station Doulat Gate Multan intercepted a Mini Truck bearing Registration No.TKZ/301 with Muhammad Yousaf and Ehsan Ullah, petitioners on board, on 25.6.2020; at first, 5 packets of cannabis weighing 6000 grams were found in the cabin; besides the contraband a sum of Rs. 105,000/- was secured vide inventory. As the investigation progressed, Ehsan Ullah was found to have impersonated himself as Muhammad Younas, a subterfuge rectified forthwith.…
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