QUDRAT ULLAH vs State S — 2022 PLD 512 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2022 PLD 512 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2022
Reporter: PLD
Parties: QUDRAT ULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 466---C; S. 9; S. 466; S. 465; 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

QUDRAT ULLAH VS State S. 466---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Release of lunatic, pending trial---Scope---Application filed by the petitioner under S. 466(1), Cr.P.C. for his release till he recovered from his unsoundness of mind, was dismissed---Scope---In Section 466, Cr.P.C., the words"whenever an accused was found to be unsound mind and incapable of making his defence" were of worth value because an accused could be found as such only if the Court had tried the fact of his unsoundness and incapacity during the trial as mentioned in S.465, Cr.P.C.---Thus, Court of Session or the High Court shall only be authorized to release the accused on bail under S. 466, Cr.P.C. if they were the Trial Courts and in no other case High Court could exercise powers under said section---In the present case, such was not the situation though the petitioner had approached the Trial Court but not on the ground of his unsoundness or incapacity to stand trial due to disease of Schizophrenia which recourse was still open for the petitioner---In such circumstances, bail of the petitioner could not be entertained or on the ground of medical evidence when a special procedure had been prescribed in the Cr.P.C. for such like cases and even provision of bail was also available in said chapter---Petition was dismissed, in circumstances.

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