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K.L.R. 1999 Shariat Cases 14

MUHAMMAD MUSTAF SHAH vs THE STATE

CitationK.L.R. 1999 Shariat Cases 14
CourtLahore High Court
Case No.Crl. Misc. No. 23/B/98
Date1998-04-15
Judge(s)Mian Saeed-ur-Rehman Farrukh, Malik Muhammad Qayyum
ResultN/A

ORDER

MALIK MUHAMMAD QAYYUM, J,- The petitioner is involved in a case FIR No. 413797, dated 22.11.1997 under Article 3/4 Prohibition. Order and section 6/9 N.C.A. Police Station Saddar Samundari, District Faisalabad, on the allegation that heroin weighing 900 grams was recovered from his possession by the raiding party of the police.

2. It is contended that the petitioner has been falsely involved in the case and he was opined innocent by S.P. Saddar, Faisalabad who went to the spot and made thorough, investigation into the matter and directed that a report be submitted before the Court seeking discharge of the petitioner.

3. We find merit in this petition. It is not denied that a result of investigation carried out by S.P.

Faisalabad the petitioner was found innocent and the report, as asserted by the learned counsel for the petitioner, for his discharge was also made before the trial Court. The petitioner was arrested on 22.11.1997 and is no longer required for the purpose of investigation by the police.

4. Keeping in view the opinion formed by S.P. Faisalabad about innocence of the petitioner as well as the detention of the petitioner in jail for the last five months, during which period trial has not commenced, this petition is accepted and the interim bail already allowed to him is confirmed.

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