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Citation Name: 2025 PCrLJ 1181 KARACHI-HIGH-COURT-SINDHBookmark this Case Jurial Shah alias Jani Shah vs State Ss — 2025 PCrLJ 1181 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2025 PCrLJ 1181 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2025
Reporter
PCRLJ
Parties
Citation Name: 2025 PCrLJ 1181 KARACHI-HIGH-COURT-SINDHBookmark this Case Jurial Shah alias Jani Shah vs State Ss
Subject matter
Criminal
Provisions referred to
S. 9; S. 497; 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: 2025 PCrLJ 1181 KARACHI-HIGH-COURT-SINDHBookmark this Case Jurial Shah alias Jani Shah VS State Ss. 497(2) & 498---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], S. 9(1)(3)(b)---Possession of narcotic substance---Pre-arrest bail, grant of---Further inquiry---Rule of consistency---Nothing had been recovered from the possession of applicant nor he was available at the time of offence and his name had been disclosed/taken by co-accused before police, which could not be made basis for maintaining conviction against him----Co-accused, from whose possession alleged contraband was secured, had been bailed out by the Trial Court and case of applicant was on better footing than that of co-accused, thus, propriety of law demanded applicant should be treated at par by extending him a constant treatment---Punishment provided by law for the alleged offence did not fall within the prohibitory clause of S.497, Cr.P.C., thus, bail in such like cases was a rule and refusal an exception---Case required further inquiry within the meaning of S.497(2), Cr.P.C.---Petition for grant of pre-arrest bail was allowed, in circumstances.

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