ABID alias Chirri vs State S — 2022 MLD 1310 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 MLD 1310 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: MLD
Parties: ABID alias Chirri vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9; S. 5; S. 7; S. 11; Narcotic Substances Act (XXV of 1997); Offenders Ordinance

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

ABID alias Chirri VS State S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Possession of narcotics---Bail, grant of---Accused was a previous convict---Scope---Accused was alleged to have been found in possession of 510 grams of charas---Record showed that the accused-petitioner was convicted and was placed on probation for one year in terms of S.5 of the Probation of Offenders Ordinance, 1960---Another FIR was registered against him after the completion of the probation period---No allegation was levelled against accused-petitioner that he violated the terms of his bond while it was in force---No proceedings under S.7 of the Ordinance, 1960, were initiated against the accused-petitioner and he was never sentenced for the original offence---In such circumstances, accused-petitioner was entitled to the benefit of S.11(2) of the Ordinance, 1960, and the said conviction could not be pressed as a ground to refuse him bail in the present case---Application for pose-arrest bail was allowed, in circumstance.

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