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2005 MLD 1056

SHAH NAWAZ vs THE STATE

Petitioner: SHAH NAWAZ VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 2004-04-12

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): M. Naeem-ullah Khan Sherwani, Mian Muhammad Najum-uz-Zaman Title: SHAH NAWAZ vs THE STATE Case No.: Crl. Misc. No.1783-B 2004, Date of Judgment:2004-04-12 Reported As: 2005 MLD 1056 Result: Bail allowed

Judgment ORDER ' Shahnawaz-petitioner seeks post-arrest bail in case F.I.R. No.53 of 2004, dated 18-1-2004 registered under sections 6/9 of Control of Narcotic Substances Act, 1997, at police Station Factory Area, Lahore. 7. The allegation against the petitioner is that on suspicion he was apprehended by the police on 18-1-2004 at about 12-05 a.m. And from his possession 500 grams of Charas were recovered. 8. Learned counsel for the petitioner contended that the petitioner was never involved in a case of like nature and he was implicated in this case malafidely by the police and that even otherwise his case does not fall within the Prohibitory Clause of section 497, Cr.P.C. Learned counsel for the State vehemently opposed the grant of bail to the petitioner. 4. With the assistance of learned counsel for the parties record of this case has been perused. The petitioner has no criminal history and was never involved in any criminal case of like nature. He also does not have the notoriety as drug pusher either. Being first offender and for the reason that case under section 9(b) of Control of Narcotics Substance Act, 1997 is made out against the petitioner, the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.1,00,000 (Rupees One lac) with one surety in the like amount to the satisfaction of the trial Court.

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