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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: MUHAMMAD FAROOQ VS Respondent: StateHonorable Justice Rustam Ali Malik and Sardar Muhammad AslamZafar Iqbal Chohan,Arif Saleh Gill
2005 P Cr
2005 P Cr. L J 1779
[Lahore]
Before Rustam Ali Malik and Sardar Muhammad Aslam, JJ
MUHAMMAD FAROOQ---Petitioner
Versus
THE STATE---Respondent
Criminal Miscellaneous No. 1218/13 of 2005, decided on 15th March, 2005.
Criminal Procedure Code (V of 1898)-
----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Bail, grant of---On personal search of accused, 500 grams of Charas had allegedly been recovered from his possession---Case of accused did not fall within prohibitory clause of S.497, Cr.P.C.---Accused was admitted to bail in circumstances.
Zafar Iqbal Chohan for Petitioner.
Arif Saleh Gill for the State.
Date of Hearing: 15h March, 2005.
ORDER
The petitioner seeks bail after arrest in case F.I.R. No.381 of 2004 registered on 18-12-2004 in Police Station City Jhang, under section 9(b) of Control of Narcotic Substances, Act; 1997.
2. The learned counsel for the petitioner has argued that the petitioner was found in possession of 500 grams of Charas and the offence against him falls under section 9(b) of Control of Narcotic Substances Act, 1997 which falls outside the limits of section 497, Cr.P.C.
3. On the other hand, the learned counsel for the State has opposed the grant of bail.
4. Arguments have been heard and record perused.
5. The petitioner was arrested on 18-12-2004 and on his personal search 500 grams Charas was recovered. He was sent to the judicial lock-up after usual investigation. Challan has already been submitted A against him. His case does not fall within the prohibitory clause of section 497, Cr.P.C. We, therefore, admit the petitioner to bail in the sum of Rs.50,000 with one surety in the like amount, to the satisfaction of the learned trial Court.
H.B.T./M-1203/L Bail granted.