| Case ID |
e33f6d98-09e1-4b6e-8bca-a2358d26e442 |
| Body |
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| Case Number |
Criminal Petition for Leave to Appeal No.362-L of |
| Decision Date |
Aug 03, 1999 |
| Hearing Date |
Aug 03, 1999 |
| Decision |
The Supreme Court of Pakistan, presided over by Justice Raja Afrasiab Khan, reviewed the criminal petition for leave to appeal No.362-L of 1999 filed by petitioner BAHADAR KHAN against THE STATE. The case involved allegations under sections 6/9 of the Control of Narcotic Substances Act, 1997, concerning the possession of 1200 grams of heroin and 1.5 kilograms of Charas, along with the recovery of Rs.200. Initially, the Lahore High Court denied bail based on reasonable grounds under section 497 of the Cr.P.C. However, upon further review, the Supreme Court determined that no incriminating evidence was recovered from the petitioner and noted the absence of an immediate arrest despite a sizable police operation. Additionally, the petitioner had been detained for over 18 months without a trial. Given these factors, the Court granted bail of Rs.50,000 with two sureties, thereby disposing of the petition in favor of the petitioner. |
| Summary |
In the landmark case of BAHADAR KHAN versus THE STATE (2000 SLD 1751; 2000 SCMR 677) adjudicated by the Supreme Court of Pakistan, the petitioner challenged the denial of bail issued by the Lahore High Court under sections 6/9 of the Control of Narcotic Substances Act, 1997, and section 497 of the Criminal Procedure Code (Cr.P.C). The petitioner faced charges stemming from the alleged possession of 1200 grams of heroin and 1.5 kilograms of Charas, with an additional recovery of Rs.200. The initial denial of bail was predicated on purported reasonable grounds connecting the petitioner to the narcotics offense. However, the petitioner’s counsel argued the prosecution's case was weak, noting the absence of detailed incriminating evidence, the ineffective execution of the arrest despite a significant police presence, and more importantly, the lack of any substantial recovery of narcotic substances from the petitioner. Furthermore, the petitioner had been detained for over 18 months without a formal commencement of trial proceedings, highlighting potential violations of statutory rights. The Supreme Court, after meticulous scrutiny of the case records and arguments presented by both parties, determined that the prosecution had failed to establish a concrete case warranting continued detention under the strictures of the pertinent laws. Citing the principles of justice and the presumption of innocence, the court granted bail totaling Rs.50,000, secured by two sureties of equivalent value to ensure the petitioner’s appearance in future proceedings. This decision underscores the judiciary’s commitment to uphold legal standards, prevent unwarranted detentions, and reinforce the significance of evidence-based prosecution in criminal cases, thereby reinforcing the rule of law and safeguarding individual liberties within the legal framework of Pakistan. |
| Court |
Supreme Court of Pakistan
|
| Entities Involved |
Police Station Musa Khel,
District Mianwali,
Ramzan Shahid,
Inspector/S.H.O
|
| Judges |
Raja Afrasiab Khan,
Ch. Muhammad Arif
|
| Lawyers |
Pervaiz I. Mir,
Shehryar Sheikh,
Ch. Muhammad Ibrahim
|
| Petitioners |
BAHADAR KHAN
|
| Respondents |
THE STATE
|
| Citations |
2000 SLD 1751,
2000 SCMR 677
|
| Other Citations |
Lahore High Court order dated 6-7-1999 passed in Criminal Miscellaneous No.748-B of 1999
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act (XXI of 1997)
|
| Sections |
S. 497,
S. 6/9
|