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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: NOOR MUHAMMAD VS Respondent: StateHonorable Justice Sh. Abdul Rashid and M. Bilal KhanZafar Iqbal Chohan,Aamir Feroze Sheikh with Muhammad Amir
2007 M L D 623
2007 M L D 623
[Lahore]
Before Sh. Abdul Rashid and M. Bilal Khan, JJ
NOOR MUHAMMAD---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 5395-B of 2005, decided on 13th September, 2005.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail, grant of---Further inquiry---Co-accused had been admitted to bail and Court while granting bail to co-accused had observed that no legally incriminating material was on the file---Role of accused and his co-accused who had been allowed bail, was of identical nature in F.I.R.---Investigating Officer during course of investigation found that accused had no role in the occurrence and that he had been falsely implicated---Case against accused being of further inquiry, he was admitted to bail.
Zafar Iqbal Chohan for Petitioner.
Aamir Feroze Sheikh with Muhammad Amir, S.-I. for the State.
ORDER
The petitioner, namely, Noor Muhammad son of Mehar Muhammad, seeks post-arrest bail in case F.I.R. No.14 of 2005, dated 20-1-2005, under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police station City Mianwali.
2. According to the prosecution allegation set up in the F.I.R., the petitioner along with his co-accused, namely, Arshad Iqbal, Muhammad Irfan and Muhammad Aslam, were engaged in the business of sale of narcotics and Ghulam Muhammad, Inspector/S.H.O. received information that Arshad Iqbal and Noor Muhammad co-accused had received eight kilograms of Charas from Muhammad Aslam co-accused and would be proceeding on a car bearing No.4228-IDK towards Sargodha and consequently a barricade was arranged and the said car was intercepted, in which the petitioner along with Arshad Iqbal co-accused were present and from search eight kilograms of charas was found which was taken into possession vide recovery memo. A sample sealed parcel was also prepared for chemical analysis.
3. It has straightaway been observed that the. petitioner's co-accused, namely, Muhammad Rehan Khan and Muhammad Aslam have been admitted to bail by this Court vide orders, dated 22-3-2005 and 9-6-2005 passed in Criminal Miscellaneous Nos. 1649/B of 2005, respectively, and in the said orders this Court had observed that there was no legally incriminating material on the file. The role of the petitioner and his co-accused, who have been allowed bail, is of identical nature in the F.I.R. Further, during the course of investigation carried out by Mahboob Ahmad, DSP, he vide Zimni No.36, dated 11-6-2005, found that the petitioner had no role in the occurrence and that he has been falsely implicated. In this view of the matter, case of the petitioner is of further inquiry. Therefore, he is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./N-87/L Bail granted.