| Case ID |
3d84b9f9-da13-4770-90a5-2e8950110c18 |
| Body |
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| Case Number |
Crl. A. No. 727 of 2019 |
| Decision Date |
Mar 25, 2021 |
| Hearing Date |
Mar 25, 2021 |
| Decision |
The Lahore High Court has suspended the sentence of four years and six months Rigorous Imprisonment against the petitioner, Muhammad Rizwan, under Section 9(c) of the Control of Narcotics Substances Act, 1997. The court granted bail to the petitioner during the pendency of his appeal, considering the lack of immediate prospects for the appeal's resolution. The court emphasized that maintaining the sentence without suspension could result in the petitioner serving the full term before the appeal is heard, which would effectively amount to preemptive punishment. The court noted that the petitioner did not misuse the bail concession during his trial, thereby favorably considering his prayer for bail. Consequently, the petitioner was admitted to bail upon furnishing a bond of Rs. 200,000 with a surety, and was ordered to remain present for all future hearings of his appeal. |
| Summary |
In the case cited as 2021 SLD 1951 and 2021 PLJ 1109, the Lahore High Court deliberated on Crl. A. No. 727 of 2019, involving petitioner Muhammad Rizwan and the State. Presided over by Justices Raja Shahid Mehmoood Abbasi and Muzamil Akhtar Shabir, the case revolved around convictions under Section 9(c) of the Control of Narcotics Substances Act, 1997. The petitioner was apprehended based on spy information from Police Station Ghalla Mandi, Sahiwal, with the recovery of charas amounting to 1110 grams. Initially sentenced to four years and six months RI, Rizwan faced the possibility of serving his entire sentence before his main appeal could be heard, prompting him to seek suspension of the sentence and bail. The court, recognizing the absence of misuse of bail concessions during the trial, granted the petitioner's request. Rizwan was admitted to bail with a bond of Rs. 200,000 and required to remain present for all appeal hearings. The decision was influenced by precedents such as Abdul Hameed v. Muhammad Abdullah (1999 SCMR 2589) and Rafaqat Ahmad vs. The State (1994 SCMR 1206), highlighting the importance of fair bail practices and preventing excessive preemptive punishment. This case underscores critical themes in narcotics law enforcement, judicial discretion in bail matters, and the balancing of expedited justice with individual rights. Trending keywords relevant to this case include 'narcotics law', 'bail suspension', 'High Court decisions', 'legal precedents in Pakistan', and 'criminal justice reform', enhancing its visibility in legal discussions and online search relevance. |
| Court |
Lahore High Court
|
| Entities Involved |
Police Station Ghalla Mandi, Sahiwal,
Deputy Registrar (Judicial)
|
| Judges |
Raja Shahid Mehmoood Abbasi,
Muzamil Akhtar Shabir
|
| Lawyers |
Muhammad Faisal Bashir Ch,
Muhammad Ali Shahab
|
| Petitioners |
Muhammad Rizwan
|
| Respondents |
State and Another
|
| Citations |
2021 SLD 1951,
2021 PLJ 1109
|
| Other Citations |
1999 SCMR 2589,
1994 SCMR 1206
|
| Laws Involved |
Control of Narcotics Substances Act, 1997
|
| Sections |
9(C)
|