| Case ID |
14cea424-753d-4956-9521-d2484ecbca38 |
| Body |
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| Case Number |
Crl. Misc.No. 2504-B of 2019 |
| Decision Date |
Jun 17, 2019 |
| Hearing Date |
|
| Decision |
The Lahore High Court allowed the petition for post-arrest bail for the petitioner, Nauman alias Noma, who was charged under Section 9(c) of the Control of Narcotic Substances Act, 1997. The court found that the evidence presented was insufficient to warrant continued detention, particularly as the petitioner was a first offender with no previous criminal record. The court noted that the recovery of 1265 grams of charas was under scrutiny, as it was unclear if the weight included the polythene shopper. The investigation was complete and the petitioner was not required for further inquiry, leading to the decision to grant bail upon the petitioner furnishing a bail bond of Rs. 200,000 with one surety. The observations made were considered tentative and applicable solely to the bail petition. |
| Summary |
In this significant ruling by the Lahore High Court, the case of Nauman alias Noma highlights the complexities surrounding narcotics law and bail procedures. The petitioner, arrested with a substantial amount of charas, was granted bail due to the lack of conclusive evidence regarding the weight of the contraband. The court emphasized the importance of not detaining individuals based solely on allegations without adequate proof, particularly in cases involving narcotics. The decision underscores the court's commitment to ensuring that first offenders are treated fairly, especially when the evidence is not definitive. This case serves as an important reference for future bail applications under the Control of Narcotics Substances Act, promoting a balanced approach to justice in drug-related offenses. |
| Court |
Lahore High Court
|
| Entities Involved |
Not available
|
| Judges |
SARDAR MUHAMMAD SARFRAZ DOGAR
|
| Lawyers |
Khawaja Qaiser Butt,
Mr. Muhammad Ali Shahab
|
| Petitioners |
NOMAN ALIAS NOMA
|
| Respondents |
STATE
|
| Citations |
2019 SLD 2139,
2019 PLJ 1198
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
497(2),
9(b),
9(c)
|