Al Wakeelo
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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: Mst.SHAMIM AKHTAR VS Respondent: THE STATE
Court Name: Lahore High Court Judge(s): Mian Muhammad Najum-uz-Zaman, Kazim Ali Malik Title: Mst.SHAMIM AKHTAR vs THE STATE Case No.: Criminal Miscellaneous No,4370-B of 2008 Date of Judgment:2008-09-17 Reported As: 2010 YLR 2248 Result: Bail granted
Judgment ORDER ' Seeks post-arrest bail in case F.I.R. No,31 of 2002 dated 15-7-2002 for the offence under section 9(c) of Control of Narcotic Substance Act, 1997 registered at Police Station ANF, Lahore. 2. In nutshell the facts of the prosecution case are that upon information by the informer raid was conducted at the house of the petitioner from where narcotic was recovered in the absence of the petitioner. This raid was conducted on 15-7-2002 whereas petitioner was arrested on 28-2-2005. Her application seeking post-arrest bail was dismissed by Special Judge, CNS, Lahore vide order dated 16-2-2007, hence this petition. 3. After hearing learned counsel for the parties and perusing the record, we have observed that the narcotic was recovered from the house of the petitioner by the raiding party when the petitioner was not present in the house nor the raiding party had ever obtained permission from the Magistrate (warrants of search). Report submitted by the trial Court dated 28-5-2008 reveals that the case would be completed within three months but admittedly needful has not been done so far. Petitioner, who is a woman is behind the bars for the last more than three years i.e, since 28-2- 2005. Accordingly this petition is allowed and petitioner is admitted to bail subject to her furnishing bail bonds amounting to Rs,200,000 (rupees, two lacs), with two sureties in the like amount to the satisfaction of D.R. (Judicial) of this Court.
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