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ALI RAZA vs State S — 2022 PCrLJ 1466 LAHORE-HIGH-COURT-LAHORE

Case information

Citation
2022 PCrLJ 1466 LAHORE-HIGH-COURT-LAHORE
Court
Lahore High Court
Year
2022
Reporter
PCRLJ
Parties
ALI RAZA vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 9; Narcotic Substances Act (XXV of 1997)

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

ALI RAZA VS State S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 38---Possession of narcotics---Statement to police officer not to be proved---Bail, grant of---Accused not in active possession---Scope---Accused was apprehended while accompanying co-accused who was carrying charas weighing 1520 grams---Narration of the FIR disclosed that recovery of the narcotic was affected from co-accused and the accused was only accompanying him---Mere fact that the accused was accompanying the principal accused did not establish that the contraband was in his active possession or even he had any knowledge about it---Accused was found connected in the case only on the statement of co-accused that charas was being supplied to him by petitioner, which was inadmissible in evidence and could not be relied upon---Admission of an accused before police could not be used against him under Art. 38 of the Qanun-e-Shahadat, 1984---Accused was awaiting his trial, the conclusion of which was not in sight in near future, as such, his further detention in jail would serve no useful purpose for the prosecution---Petition for grant of bail was allowed, in circumstances.

Other judgments reported in 2022 PCRLJ

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