| Case ID |
3cbde0d0-6233-45bf-9cfb-2ff19810bfb3 |
| Body |
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| Case Number |
Criminal Petition No. 202 of 2008 |
| Decision Date |
Jun 19, 2009 |
| Hearing Date |
|
| Decision |
The Supreme Court found that the notice issued to the respondent and the surety regarding their bail conditions had not been served as they could not be located at the given address. It was determined that the respondent had jumped bail and evaded the legal process. Consequently, the Court converted the petition for leave to appeal into an appeal, allowing it and setting aside the previous order granting bail to the respondent. The Court also ordered that the surety be forfeited and directed the Presiding Officer of the Special Court to take further action under section 514 of the Criminal Procedure Code against the surety. This case highlights the importance of adherence to bail conditions and the mechanisms in place to enforce them. |
| Summary |
This case revolves around the cancellation of bail for SULTAN SHAH, who was accused of narcotic-related offenses under the Control of Narcotic Substances Act. The Supreme Court of Pakistan addressed issues regarding the service of notice to the accused and the surety, which was not properly executed. The Court found that the respondent had evaded the legal process by not appearing when required. The ruling emphasized the necessity for defendants to comply with bail conditions and the consequences of failing to do so, including forfeiture of surety. This case serves as a critical reference for future bail proceedings in narcotics cases, underscoring the legal responsibilities of both the accused and their sureties. Keywords: bail, narcotics, legal process, Supreme Court, forfeiture, Criminal Procedure Code. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Not available
|
| Judges |
RAJA FAYYAZ AHMED,
MUHAMMAD QAIM,
JAN KHAN,
SYED ZAWWAR HUSSAIN,
JAFFERY
|
| Lawyers |
Niaz Ahmed Rathore, S.P.G. A.N.F.,
Arshad Ali Ch.
|
| Petitioners |
THE STATE through Director-General AntINarcotics Force, RawalpindI
|
| Respondents |
SULTAN SHAH
|
| Citations |
2011 SLD 2099,
2011 SCMR 829
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act (XXV of 1997),
Constitution of Pakistan
|
| Sections |
497(5),
9,
185(3)
|