| Case ID |
42e8d251-1b82-459a-a82e-2e524189a078 |
| Body |
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| Case Number |
Criminal Bail Application No. 174 of 1999 |
| Decision Date |
May 18, 1999 |
| Hearing Date |
|
| Decision |
The court disallowed bail for the accused, Fazal Shah, who was charged with possession of two kilograms of Charas, a narcotic substance punishable with life imprisonment. The primary argument presented by the applicant's counsel was that only 150 grams of the narcotic were sent for chemical analysis, but the court found this argument lacking. It clarified that the law does not require the entire quantity of narcotic to be sent for analysis, and a sample could suffice. The court also noted that strict provisions under the Control of Narcotic Substances Act limit the powers to grant bail. Therefore, the application for bail was dismissed. |
| Summary |
In the case of Fazal Shah vs. The State, the Sindh High Court addressed the nuances of bail in narcotic possession cases. The applicant was found with two kilograms of Charas, leading to severe legal implications, including potential life imprisonment. The core issue revolved around the chemical analysis of the seized narcotic, where only a small sample was forwarded for testing. The court emphasized that the law allows for a sample to be treated as representative of the whole substance. The judgment highlighted the strict parameters established by the Control of Narcotic Substances Act, which impose significant restrictions on bail provisions. The decision serves as a crucial reference in understanding the legal framework surrounding narcotic offenses, particularly in the context of evidence handling and the rights of the accused. The case underscores the importance of adhering to legal standards in narcotic cases and the judiciary's role in maintaining these standards. The ruling has implications for future cases involving similar circumstances, particularly in how evidence is presented and analyzed in court. |
| Court |
Sindh High Court
|
| Entities Involved |
Not available
|
| Judges |
SABIHUDDIN AHMED, JUSTICE,
WAHID BUX BROHI, JUSTICE
|
| Lawyers |
Nisar Ahmad Durrani,
Mian Khan Malik,
Ghulam Shabbir Memon
|
| Petitioners |
FAZAL SHAH
|
| Respondents |
THE STATE
|
| Citations |
1999 SLD 1253,
1999 PLD 465
|
| Other Citations |
Nisar Khan v. The State 1997 MLD 1743,
Nazan Shah v. The State 1998 PCr.LJ 1540
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act (XXV of 1997)
|
| Sections |
497,
9,
51
|