| Case ID |
048d6371-451c-4bb6-9b88-29811ef9b285 |
| Body |
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| Case Number |
Crl. Misc. No. 633-B of 2002 |
| Decision Date |
Jul 30, 2002 |
| Hearing Date |
Jul 30, 2002 |
| Decision |
The petitions for bail filed by Abdul Shahid Qureshi and Javaid Saleem were dismissed due to their connection with the serious narcotics charges under the Control of Narcotic Substances Act, 1997. The court found that both petitioners were implicated in facilitating the export of narcotics, which is a non-bailable offense under Section 9-C of the Act. The court emphasized that bail could not be granted to individuals charged with offenses punishable by death, and thus, the petitions were dismissed based on the prohibitory clause of Section 497 of the Criminal Procedure Code. The evidence presented indicated that the petitioners were not merely witnesses but were involved in the commission of the offense, leading to the conclusion that they were not entitled to bail. |
| Summary |
In the case of Crl. Misc. No. 633-B of 2002, the Lahore High Court addressed petitions for bail filed by Abdul Shahid Qureshi and Javaid Saleem, who were involved in a narcotics case under the Control of Narcotic Substances Act, 1997. The court emphasized the gravity of the charges, which included the facilitation of heroin exportation, a crime punishable by death. The court's decision highlighted the stringent bail restrictions imposed by Section 51 of the Act, which prohibits bail in such serious offenses, especially when individuals are charged under Section 9-C. The ruling reaffirmed the principle that individuals charged with capital offenses are not entitled to bail, ensuring that justice is served in cases involving narcotics trafficking. This case serves as a significant reference point for future bail applications in similar narcotics-related offenses. |
| Court |
Lahore High Court, Rawalpindi Bench
|
| Entities Involved |
Not available
|
| Judges |
MIAN MUHAMMAD JAHANGIER
|
| Lawyers |
Mr. Mumtaz Hussain Bazmi,
Mr. Taufique Asif,
Mr. M.D. Shahzad
|
| Petitioners |
ABDUL SHAHID QURESHI,
JAVAID SALEEM
|
| Respondents |
STATE
|
| Citations |
2004 SLD 3896,
2004 PLJ 391
|
| Other Citations |
2001 P.Cr.L.J 19 (Lahore),
1997 P.Cr.L.J. 1074 (Lahore),
NLR 1985 U.C. 396,
2002 P.Cr.L.J. 110 (Lahore),
1999 YLR 2627 Karachi,
1999 YLR 1286
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act, 1997
|
| Sections |
497,
9-C,
51
|