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2008 MLD 802

RAHMAT ULLAH KHAN vs THE STATE

Petitioner: RAHMAT ULLAH KHAN VS Respondent: THE STATE

Court: Lahore High Court Decision Date: 2004-06-07

Full Judgment Text & Judicial Ruling

Court Name: Lahore High Court Judge(s): Asif Saeed Khan Khosa, Mian Muhammad Najum-uz-Zaman Title: RAHMAT ULLAH KHAN vs THE STATE Case No.: Criminal Miscellaneous No. 3461-B of 2004 Date of Judgment:2004-06-07 Reported As: 2008 MLD 802 Result: Bail allowed

Judgment ORDER ' Rehmat Ullah Khan petitioner seeks post arrest bail in case F.I.R. No.15 of 2004, dated 21-1-2004 registered under section 9(c) Control of Narcotic Substances Act, 1997, at Police Station Moch. District Mianwali. ' The allegation against the petitioner as penned in the F.I.R. Is that during investigation of case F.I.R. No.15, dated 21-1-2004 registered under section 9(c) of Control of Narcotic Substances Act, petitioner disclosed that he could get recovered more narcotics from the house of his co-accused Habib Ullali and led the police party to the said House. Statedly on seeing the police party Habib Ullah accused managed to flee away while throwing the shopper containing 1300 grams Charas. 3. Admittedly, in the present case nothing was recovered from the petitioner and the precise allegation against him is that he led the police party to the place where his co-accused who is allegedly involved in the business of sale of narcotics was present and on seeing the police he fled away while throwing 1300 grams of Charas. In the said circumstance how far the petitioner is liable for the offence falling under section 9(c) of the ibid Act calls for further inquiry. Accordingly the instant petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rupees one lac with one surety in the like amount to the satisfaction of the trial Court.

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