| Citation(s) |
|---|
| 2010 SLG 278 2010 SLD 278 2010 SCMR 1744 |
Supreme Court of Pakistan
Criminal Petition No.206 of 2009, decision dated: 15-06-2009. (On appeal from the judgment dated 3-4-2009 passed by Peshawar High Court in Criminal Miscellaneous/Bail Application No.147 of 2009)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND MAHMOOD AKHTAR SHAHID SIDDIQUI, JJ
Ghufran Khurshid Imtiaz, Advocate Supreme Court for Petitioners. Niaz Ahmed Rathore, Special Prosecutor ANG and Mumtaz Hussain, Investigation Officer with record for the State
Criminal Petition No.206 of 2009, decision dated: 15-06-2009. (On appeal from the judgment dated 3-4-2009 passed by Peshawar High Court in Criminal Miscellaneous/Bail Application No.147 of 2009)
IFTIKHAR MUHAMMAD CHAUDHRY, C.J., CH. IJAZ AHMED AND MAHMOOD AKHTAR SHAHID SIDDIQUI, JJ
Ghufran Khurshid Imtiaz, Advocate Supreme Court for Petitioners. Niaz Ahmed Rathore, Special Prosecutor ANG and Mumtaz Hussain, Investigation Officer with record for the State
JAVIDUR-REHMAN and anothers
VS
THE STATE
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)
Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan (1973), Art. 185(3)---Possessing narcotic drug---Bail, refusal of---Accused were allegedly found possessing huge quantity of heroin---Although on one date prosecution witnesses were present in court, but counsel of accused did not appear for recording of their evidence---Since trial had commenced and progress was being made in the case, therefore without dilating upon the merits of the case petition was dismissed, with direction to Trial Court to expedite the proceedings and conclude the same within six weeks---Defence counsel was also directed to cooperate with the court for expeditious disposal of the case. JUDGMENT IFTIKHAR MUHAMMAD CHAUDHRY, C.J.---This petition has been filed against the judgment dated 3-4-2009 passed by Peshawar High Court. 2. Learned counsel for the petitioner contended that ANF, in order to deprive the petitioners and six other persons from an amount of Rs.75,00,000, detail of which has been mentioned in the application, submitted to various authorities including the trial Court (copy of which is available on record), has allegedly concocted a false case against them. They had been submitting applications to various authorities for conducting investigation but no one has given them response. It is their case that Secretary, Narcotics Division was also approached for re-investigation of the case but no action has been taken. 3. Learned Special Prosecutor-General denied…
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