| Case ID |
00941369-4ad6-4705-81ef-07fae5dbc0b3 |
| Body |
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| Case Number |
Criminal Bail Application No. 30 of 2011 |
| Decision Date |
Sep 24, 2011 |
| Hearing Date |
Sep 12, 2011 |
| Decision |
The court allowed the bail application based on the findings that the quantity of 'Charas' recovered was only 200 grams, with only 5 grams sent for analysis. The court determined that the case did not fall under the prohibitory clause of Section 497 of the Criminal Procedure Code, making it a suitable case for bail under the provisions of the Control of Narcotics Substances Act, 1997. The applicant was released on bail upon providing a surety of Rs. 50,000. |
| Summary |
In the case of Criminal Bail Application No. 30 of 2011, the Balochistan High Court ruled on a bail application concerning the possession of narcotics. The applicant, represented by Muhammad Azeem Kakar, was arrested with 200 grams of 'Charas', a narcotic substance. The court analyzed the relevant sections of the Criminal Procedure Code and the Control of Narcotics Substances Act. The court noted that while Section 51(1) of the Narcotics Act restricts bail in cases punishable by death, Section 51(2) allows for bail under certain conditions. Given that only 5 grams of the narcotic were sent for analysis, the court found that the case warranted further inquiry, thus qualifying for bail. The decision emphasizes the importance of evaluating the quantity of narcotics involved in determining bail eligibility. |
| Court |
Balochistan High Court
|
| Entities Involved |
Not available
|
| Judges |
ABDUL QADIR MENGAL,
JAMAL KHAN MANDOKHAIL
|
| Lawyers |
Not available
|
| Petitioners |
Muhammad Azeem Kakar
|
| Respondents |
Liaquat Ali
|
| Citations |
2012 SLD 882,
2012 YLR 490
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
9(a)(b),
51,
51(1),
51(2)
|