Citation Name: 2024 YLR 1675 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHEHZAD vs State S — 2024 YLR 1675 LAHORE-HIGH-COURT-LAHORE

Case information

Citation: 2024 YLR 1675 LAHORE-HIGH-COURT-LAHORE
Court: Lahore High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 1675 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHEHZAD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9---P; S. 173; 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

Citation Name: 2024 YLR 1675 LAHORE-HIGH-COURT-LAHOREBookmark this Case SHEHZAD VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9---Possession of 1600 grams charas---Bail, grant of---Delayed submission of challan---Available record did not carry any justifiable explanation regarding delayed submission of challan i.e. after about 190 days despite of the fact that S. 173, Cr.P.C. directs submission of challan within 14 days and in case of incomplete investigation, an interim report was to be submitted to the Court by the SHO concerned within next three days and the Court was required to commence the trial on the basis of such interim report---Prima facie, it seemed that right of fair trial guaranteed by the Constitution stood infringed because of apparently willful abstaining from submission of challan to the Court in time---Said fact, prima facie, showed mala fide on the part of concerned officials which made the case one of further inquiry into petitioner's guilt---Mere registration of criminal cases against the petitioner and even his conviction in two of the cases was not a fact sufficient to disentitle him to the grant of post arrest bail---Petition was allowed, in circumstances and accused was granted bail.

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