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2004 P C R L J 1670

ZAKIR ALI vs THE STATE

Citation2004 P C R L J 1670
CourtLahore High Court
Case No.Cr. Misc. No,266/B of 2003,
Date2003-01-28
Judge(s)Rustam Ali Malik, Mian Muhammad Najum-uz-Zaman
ResultBail granted

ORDER

' MIAN MUHAMMAD NAJAM-UZ-ZAMAN, J.--- Seeks post-arrest in case F.I.R. No,372, dated 22-11-2002 under sections 9(b) & 6/9 of Control of Narcotics Substances Act, 1997.

2. In nutshell the case of the prosecution is that on 22-11-2002 at about 8-45 p.m. 500 grams of Charas was recovered from the petitioner and he was arrested there and then. The bail application of the petitioner was dismissed by the Additional Sessions Judge, Lahore vide order, dated 2-12- 2002. Hence, this petition.

3. The learned counsel for the petitioner has contended that the petitioner was never involved in any criminal case of the like nature and he was falsely implicated in this case by the complainant and that even otherwise his case did not fall within the prohibitory clause of section 497, Cr.P.C. The learned counsel for the State has opposed the grant of bail to the petitioner by urging that a considerable quantity of narcotics stuff was recovered from the petitioner and he did not deserve the concession of bail.

4. Admittedly the petitioner has no criminal history and was not involved in any criminal case of like nature. He does not have notoriety as drug pusher either. Being first offender and also for the reasons that quantity of narcotics stuff recovered from the possession of the petitioner would make out a case under section 9(b) of the Control of Narcotic Substances Act against the petitioner, the petitioner is allowed bail in the sum of Rs,1,00,000 with one surety of the like amount to the satisfaction of the trial Court.

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