Law:

Section:

(a) Criminal Procedure Code (V of 1898)-497(l), third proviso---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4 --- Constitution of Pakistan (1973), Art.185(3) --- Bail--­ Accused had been caught red-handed and huge quantity of heroin had been recovered from him --- Allegations against accused were horrible and his case fell under the prohibitory clause of S.497(l), Cr.P.C.---Contention that the accused being in jail for more than 22 months had earned a right to be released on bail was not tenable as his counsel who was duty bound to place of record the proof of the accused being not responsible for the delay in the conclusion of the trial, had failed to do so --- Record did not show that the accused was not at fault for the delay occasioned in the conclusion of the case --- Leave to appeal was refused to accused in circumstances. (b) Criminal Procedure Code (V of 1898)-­....-S. 497(l), third proviso---Bail on statutory ground --- Duty of the counsel --- It is the duty of the accused's counsel to place on record the interim orders so far passed in the case to determine the actual responsibility of the accused for the delay in the conclusion of the trial. ORDER RAJA AFRASLALB KHAN, J.---On 16th of December, 1993 at 11-00 a.m., a case under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979 was registered with Anti-Narcotics Task -Force Police Station District Peshawar against Shah Alam, Rehman Shah, Muhammad Ali and Afsarul Mulk for the alleged recovery of 63 k.g. of heroin. On an information vehicle No.1333/Karachi was searched. Resultantly, aforesaid heroin was recovered from its secret cavities. It was also known that Rehman Shah, Muhammad Ali and Afsarul Mulk, the owners of the drug were following the aforesaid vehicle in Suzuki Auto No.T-4000/Karachi on sight this car sped away. It was, however, followed and apprehended by the, raiding party near Tariq Road, F.G. Technical School, Peshawar. Bail petition was moved by the accused. A learned Additional Sessions Judge, Peshawar vide his order dated 16-5-1995 dismissed the petition to the extent of Shah Alam and Afsarul Mulk while granted bail to Muhammad Ali and Rehman Shah.…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492