| Case ID |
14c6b31a-d36b-463d-8780-14d29960bd61 |
| Body |
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| Case Number |
Crl. Misc. No. 28421-B of 2024 |
| Decision Date |
Jun 24, 2024 |
| Hearing Date |
Jun 24, 2024 |
| Decision |
The petition for post-arrest bail was allowed based on the arguments that the petitioner was falsely implicated in a narcotics case involving 1220 grams of charas. The court noted that the severity of the law had changed due to amendments, with minimum sentences prescribed for possession. The court emphasized the need for credible evidence and the procedural inadequacies of the police in handling the case. The decision highlighted that the petitioner's continued detention without a clear timeline for trial was unfair. The petitioner was granted bail on the condition of furnishing a bond. |
| Summary |
In the case of Ali Nawaz versus State, the Lahore High Court addressed the issue of post-arrest bail under the Control of Narcotic Substances Act, 1997. The petitioner, Ali Nawaz, was charged with possession of 1220 grams of charas. The court examined the implications of recent amendments to the law, which increased the minimum sentence for such offenses, making the accused more vulnerable. The court observed that the petitioner had been falsely implicated and that the police had not followed modern procedures to ensure credible evidence was collected. The decision underscored the importance of fair trials and the necessity for the police to utilize modern techniques in gathering evidence to avoid wrongful detention. Ultimately, the court allowed the bail petition, emphasizing the importance of justice and the rights of the accused. The ruling is significant in the context of narcotics law in Pakistan, reflecting growing concerns over procedural fairness and the treatment of individuals accused under stringent narcotics legislation. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
Muhammad Amjad Rafiq, J.
|
| Lawyers |
Syed Afzal Shah Bukhari,
Ms. Asmat Parveen
|
| Petitioners |
ALI NAWAZ
|
| Respondents |
STATE
|
| Citations |
2024 SLD 4462,
2024 PLJ 203
|
| Other Citations |
2012 SCMR 573,
2020 PCr.LJ 657,
2023 SCMR 1977,
2017 SCMR 279
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act, 1997
|
| Sections |
497,
9(1)(3)(c)
|