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K.L.R. 1994 Criminal Cases 137

TARIQ MEHMOOD vs THE STATE

CitationK.L.R. 1994 Criminal Cases 137
CourtLahore High Court
Case No.Crl. Misc. No.3519-B of 1993
Date1993-10-05
Judge(s)Rashid Aziz Khan
ResultN/A

ORDER

RASHID AZIZ KHAN, J.- Tariq Mehmood petitioner seeks bail in a case registered with Police Station Sargodha City for offences under sections 23(1 )(a)(iii) and 27 of Drugs Act, 1976, vide FIR dated 28.4.1993. The allegation against the petitioner is that he was found in possession of certain drugs regarding which he could not produce warranty.

2. Learned counsel for the petitioner contends that the petitioner was arrested on 14th of June, 1993, yet till today the trial has not commenced and the petitioner is not required for. Purposes of investigation anymore. Argued that proceedings against the petitioner are bad in law because the Drugh Inspector was bound under the Drugs Act to seek permission of the Provincial Quality Control Board before registration of the case. Argued that in the instant case the Drug Inspector did not even apply to the Provincial Quality Control Board for permission for registration of the case and in such circumstances, the case pending against the petitioner is a nullity in law.

3. After hearing the learned counsel for the petitioner at length and going through the relevant provisions of law with his assistance, I have noticed that the case was got directly registered. Even otherwise, it has been more than three months, yet the challan has not even been submitted in court. In these circumstances, the petitioner is allowed bail provided he furnishes security in the sum of Rs.30,000/- (Rupees thirty thousand only) with two sureties, each in the like amount to the satisfaction of Assistant Commissioner/Duty Magistrate, Sargodha. Copy Dasti on payment of usual charges.

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