| Citation(s) |
|---|
| 1992 SLG 749 1992 SLD 749 1992 SCMR 1753 |
Supreme Court of Pakistan
Criminal Appeal No.107 of 1991, decision dated: 6-05-1992.hearing DATE : 3rd May, 1992. (On appeal from the order, dated 15-5-1991 passed by the Balochistan High Court in Criminal Bail Application No. 114 of 1991)
NASIM HASAN SHAH, ACTG. C.J., SHAFIUR RAHMAN AND ABDUL QADEER CHAUDHRY, JJ
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Criminal Appeal No.107 of 1991, decision dated: 6-05-1992.hearing DATE : 3rd May, 1992. (On appeal from the order, dated 15-5-1991 passed by the Balochistan High Court in Criminal Bail Application No. 114 of 1991)
NASIM HASAN SHAH, ACTG. C.J., SHAFIUR RAHMAN AND ABDUL QADEER CHAUDHRY, JJ
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SAKHI DOST MUHAMMAD
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--S.497---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3, 4 & 26---Constitution of Pakistan (1973) Art. 185(3)---Bail, grant of---Contraband items were recovered after a long time ---Challan had already been submitted and the trial had not yet started---Accused had not misused the concession of bail granted by the Sessions. Judge---Order of High Court rejecting the bail to accused was set aside by Supreme Court and interim bail earlier granted to accused by Supreme Court was confirmed. JUDGMENT ABDUL OADEER CHAUDHRY, J: --This appeal by leave of the Court is directed against the judgment of the High Court, dated 15-5-1991 whereby the appellant's application for bait was rejected. 2. The facts of the case are that according to the report lodged on 5-1-1991 the Director, Narcotics Control Board searched the house belonging to the appellant and others in Village Chighazi and recovered 300 Kilograms opium, acetic acid, carbic acid and some other chemicals for manufacturing herein. The final report has been submitted before the Sessions Judge for trial. The High Court refused to admit the appellant to bail on the ground…
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