Case Details

Citation(s)
2011 SLG 2103 2011 SLD 2103 2011 YLR 402
Lahore High Court
Criminal Miscellaneous No. 7980-B of 2010, decided on 2nd August, 2010
IJAZ AHMAD CHAUDHRY AND SHAHID HAMEED DAR, JJ
Saif ul Haq, Zia, for Petitioner. Ch. Muhammad Sarwar Sindhu, D.P.G. for the State

ABDUL JABBAR

VS

THE STATE and another

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(b) & 51---Possession of narcotics---Bail, grant of---700 grams of charas was allegedly recovered from the possession of accused and he was liable to be tried under S.9(b) of Control of Narcotic Substances Act, 1997, which did not fall within the prohibition contained in S.51 of Control of Norcotic Substances Act, 1997---Accused was behind the bars for the last four months and was not required by the Police for further investigation---Case being fit for grant of bail, accused was admitted to bail, in circumstances. ORDER Abdul Jabbar petitioner seeks post arrest bail in case F.I.R. No.46, dated 21-3-2010, registered under section 9-B of the C.N.S.A., 1997 at Police Statoin Jandanwala District Bhakkar. 2. Precise allegations against the petitioner, as per F.I.R., are that on the day of occurrence the police raiding party on a spy information over powered the petitioner and on his personal search 700 grams charas along with Rs.200 was recovered from his possession. 3. Learned counsel for the petitioner contends that the petitioner has falsely been implicated in the instant case and the recovery is planted one for the reason that the petitioner got F.I.R., No.247 registered at the same Police Station against Sanaullah, Saifullah and Nasrullah and in order to take revenge of that F.I.R. they connived with the local police being influential persons and the police falsely and with mala fide intention implicated the petitioner in this case; that the statement of Sharif the alleged witness of the recovery has not been recorded by the police under section 161, Cr.P.C., which…
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