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2010 YLR 2047

MUHAMMAD ILYAS vs THE STATE

Citation2010 YLR 2047
CourtLahore High Court
Case No.Criminal Miscellaneous No, 8332/B of 2008
Date2008-12-04
Judge(s)Muhammad Akram Qureshi, Khalil Ahmad
ResultBail granted

ORDER

1. ' Petitioner seeks bail after arrest in the case registered vide F.I.R. No,551 of 2007, dated 8-6-2007, under sections 6/9 of the Control of Narcotics Substances Act, 1997, Police Station Nawankot, Lahore. The precise allegation against petitioner Muhammad Ilyas is that his house was pointed out by co-accused Sanawar Chhabba and when the raiding party came to his house, he fled away therefrom and left behind Charas weighing two Kilograms.

2. Recovery proceedings were witnessed by the police officials. It is not the case of the prosecution that the petitioner was previously known to the police officials who conducted the alleged raid.

3. After his apprehension in this case, he was never put to the identification parade. There is nothing on record to confirm that the house from which the alleged recovery was effected, was exclusively owned by the petitioner. In the afore-referred circumstances, we are of the, prima facie, view that the petitioner has made out a case one of further inquiry falling within the ambit of subsection (2) to section 497, Cr.P.C. Resultantly, this petition is allowed and the petitioner is granted bail subject to furnishing of bail bonds in the sum of Rs .5,00,000 (Rupees five lac only) with one surety each in the like amount to the satisfaction of the learned trial Court.

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