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2004 YLR 439

TAJ ALI KHAN vs THE STATE

Citation2004 YLR 439
CourtPeshawar High Court
Case No.Criminal Miscellaneous Bail Petition No,263 of 2003
Date2003-07-03
Judge(s)Dost Muhammad Khan
ResultBail allowed

' Taj Ali. Khan, petitioner is seeking bail in case F.I.R. No,256 dated 30-6-2003 for offence under section 9, C.N.S. Act Police Station, Lakki Marwat.

' The allegations against him are that when he was confronted with Muhammad Tahir, S.H.O. He attempted to run away but was apprehended and in that course he had thrown a plastic wrapper which was collected from the ground and 1500 grams Charas was found therein, therefore, he was booked under the above F.I.R.

2. Arguments heard and record perused.

3. Not only because the quantity of 500 grams marginally exceeds the upper limit of 1000 grams, therefore, being a border line case between clause 'B' and 'C' of section 9 and also because in the given circumstances whether maximum punishment of 14 years provided in the alternative would be awarded or not is also a point of discussion and further inquiry. Also from the record it is not established that he is a previous convict or involved in the same and similar offence in the past.

4. For the above reasons, this petition is allowed. The petitioner is granted bail in the sum of Rs,50,000 with two reliable sureties each in the like amount to the satisfaction of the Alaqa/Judicial Magistrate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 21 cases

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