| Case ID |
451dd72c-3922-4605-9f2b-1756d99cee74 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 37 of 2019 |
| Decision Date |
Feb 09, 2019 |
| Hearing Date |
Feb 07, 2019 |
| Decision |
The court admitted the petitioner to bail on the grounds that further inquiry was necessary due to the nature of the evidence presented. The petitioner was charged with possession of 2700 grams of charas 'Garda', which the court determined required further investigation to ascertain whether the substance constituted narcotics as defined by law. The petitioner, being a first offender and having no prior convictions, posed no flight risk or threat to tamper with evidence. The court emphasized the need for independent witnesses during recovery proceedings and noted that previous judgments indicated charas 'Garda' may not meet the legal definition of narcotics. The bail was granted upon the petitioner providing surety bonds totaling Rs. 10,0000/- to the satisfaction of the judicial magistrate. |
| Summary |
In this case, the petitioner, Shahbaz Ali, sought bail after being arrested for possession of charas 'Garda'. The court found that the case required further inquiry due to the questionable nature of the evidence, particularly the definition of the substance involved. The petitioner was a first-time offender, which influenced the court's decision to grant bail. The ruling highlighted the importance of procedural integrity in narcotics cases and the necessity for independent witnesses during police recoveries. The decision aligns with previous judgments that have clarified the legal interpretation of charas 'Garda' in the context of narcotics law. This case underscores the ongoing discussions surrounding drug possession laws and the rights of individuals within the judicial system. |
| Court |
High Court
|
| Entities Involved |
Not available
|
| Judges |
MALIK HAQ NAWAZ
|
| Lawyers |
Dy. Advocate-General
|
| Petitioners |
Shahbaz Ali
|
| Respondents |
THE STATE
|
| Citations |
2019 SLD 1944,
2019 PCRLJ 1441
|
| Other Citations |
Cr. Misc. No.29/2018 titled Sher Muhammad v. The State,
Cr. Misc. No.25/2019 titled Mazhar ul Haq v. The State
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
9(c)
|