MUHAMMAD EIDAN vs State S — 2022 PCrLJ 143 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 PCrLJ 143 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: PCRLJ
Parties: MUHAMMAD EIDAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 4; Manpuri Act; Penal Code (XLV of 1860)

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

MUHAMMAD EIDAN VS State S. 497(2)---Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019 (III of 2020), Ss. 4 & 8---Penal Code (XLV of 1860), Ss. 269, 270 & 273---Possession of Gutka---Bail, grant of---Further inquiry---Record reflected that alleged recovery was affected from a populated area but no private person was associate as witness in the proceedings nor the complainant tried---All the witnesses were police officials, therefore, there was no apprehension of tempering the evidence---Investigation of case was complete and the challan had been filed before the court having jurisdiction, therefore, the custody of accused was not required for further investigation---Sections 269, 270 & 273, P.P.C. were bailable and for the violation of S. 4 of the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019, punishment of up to 03 years but not less than 01 year was provided---Even taking into account the maximum punishment of 3 years, said provision did not fall within the prohibitory clause of S. 497, Cr.P.C.---Accused having made out a case for further inquiry into his guilt, was granted bail in circumstances.

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2022 PCrLJ 259 LAHORE-HIGH-COURT-LAHOREROHAN AHMAD VS State Ss. 344 & 497---Penal Code (XLV of 1860), Ss. 295-B, 298-C, 120-B, 34 & 109---prevention of electronic Crimes Act (XL o…
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