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PLJ 2015 Cr.C. (Lahore) 54

KHALID SALEEM alias CHITTA vs STATE

CitationPLJ 2015 Cr.C. (Lahore) 54
CourtLahore High Court
Case No.Crl. Appeal No, 1629 of 2014
Date2014-10-23
Judge(s)Ali Baqar Najafi, Shahid Hameed Dar
ResultApplication allowed

ORDER

1. ' The prosecution case that the petitioner possessed contraband charas weighing 1130 grams at the time of his arrest on 20.2.2014, has not been believed as such by the learned trial Court, which fact is evident from judgment dated 2.7.2014 passed by it, in terms that the petitioner was guilty under Section 9(b) of the Control of Narcotic Substances Act, 1997. He was handed down sentence of rigorous imprisonment for two years with fine of Rs,50,000/- and in default, he was directed to undergo another six months SI. The prosecution failed to establish its case under Section 9(c) of the Act (ibid) against the accused during the course of the trial. He is behind the bars since 22.2.2014 and his continued incarceration may do little good to the prosecution case. Therefore, this application is allowed, the sentence of the petitioner is suspended and he shall be released from the prison subject to furnishing bail bonds in the sum of Rs,5,00,000/- (five lacs) with two sureties each in the like amount to the satisfaction of the learned trial Court. He shall personally appear on each and every date of hearing of the main appeal (Crl. A. No, 1629/2014).

2. (A.S) .

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