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1998 P Cr. L J 370

MUHAMMAD USMAN vs THE STATE

Citation1998 P Cr. L J 370
CourtLahore High Court
Case No.Writ Petition No,16026 of 1997 Bail Application No,3836/B of 1997
Date1997-07-23
Judge(s)Khalil-ur-Rehman Ramday
ResultBail granted

ORDER

' This is a petition addressed to my Lord the Chief Justice with respect to the alleged illegal confinement of Muhammad Usman. His Lordship entertained this petition and entrusted the same to me for action in accordance with law. This petition is now treated as bail application.

2. The Police Officer present in Court submits that Muhammad Usman accused was involved in case F.I.R. No,427 of .1997 of Police Station Wah Cantt. Of Rawalpindi registered for the alleged commission of offences punishable under Articles 3 and 4 of the Prohibition Order, 1979 as alsd for the alleged commission of offence punishable under section 9-C of the Control of Narcotics Substances Ordinance. Adds that he was present near Lucy Star Hotel at G.T. Road in the area of Police Station Wah Cantt. On 5-6-1997 at about 4-00 p.m. When he stopped a bus coming from Peshawar side; searched the same and the passengers travelling in it; that Muhammad Usman accused who was also ' one of the passengers had a shopping bag in his lap and that the said bag was checked which was found to contain 2 kilograms of Charas.

3. The accused present in Court submits that the allegations levelled against him were false; that it was a Pathan who was sitting next to him in the bus who was detected carrying two cartons of cartridges and some narcotics; that the police let him off and instead planted the Charas on him; that he was a student who had gone to Peshawar for a visit alongwith his friends and that he was innocent.

4. Muhammad Usman accused appears to be a young boy. He has no previous record. There are grounds for further inquiry into his guilt. In this view of the matter he is released on bail in case F.I.R.

No,427 of 1997 of Police Station Wah Cantt of District Rawalpindi subject to his furnishing security in the sum of Rs,10,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court. If these bonds are furnished today, then Muhammad Usman accused shall not be taken back to the custody from where he has been brought and shall be released. This matter stands disposed of. These bonds shall then be transmitted to the learned trial Court.

Cited by 5 cases

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