Full Judgment Text & Judicial Ruling

2005 P Cr

2005 P Cr. L J 574

[Lahore]

Before Ali Nawaz Chowhan and Rustam Ali Malik, JJ

MUHAMMAD RIAZ‑‑‑Petitioner

versus

THE STATE‑‑‑Respondent

Crl. Misc. No.7682/B of 2003, decided on 12th January, 2004.

Criminal Procedure Code (V of 1898)‑‑‑

‑‑‑‑S. 497‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss.6/9‑‑‑Bail, grant of‑‑‑Allegation against accused was that he was found in possession of 200 grams of indigenous charas ‑‑‑ Maximum sentence in case would not fall under prohibitory clause and his case would come under S.9(b) of Control of Narcotic Substances Act, 1997‑‑ Accused was in lock‑up since his arrest and trial had yet to commence‑‑ Accused was admitted to bail, in circumstances.

N.A. Butt for Petitioner.

Syed Nadeem Anjum for the State.

ORDER

ALI NAWAZ CHOWHAN, J.‑‑‑ The matter pertains to case F.I.R. No.562, dated 5‑12‑2003 registered at Police Station Gujarpura, District Lahore, under sections 6/9 of the Control of Narcotic Substances Act.

The allegation against the petitioner is that he was found in A possession of 200 grams of indigenous Charas. As the maximum sentence in this case does not fall under the prohibitory clause and the case comes under the ambit of section 9(b) of the Control of Narcotic Substances Act and as the petitioner is in the lock‑up since 5‑12‑2003 and the trial has yet to commence, we allow him bail subject to his furnishing bail bond in the sum of Rs.20,000 with a local surety in the like amount to the satisfaction of the trial Court.

H.B.T./M‑774/L

Bail granted.

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