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MUHAMMAD RAMZAN versus STATE


Criminal Code of Conduct (CRPC) Section 497 Prohibited (Enforcement) Order (4 of 1979), Arts 3 and 4 Guarantees, Applicant's Grant, which was allegedly found in possession of 400 grams of Charas, the previous offender. No offense, petitioner was charged, does not fall under the prohibition clause of section 497, PC Petitioner granted bail in the circumstances

1985 P Cr. L J 2782

[Lahore]

Before Abdul Waheed, J

MUHAMMAD RAMZAN Petitioner

Versus

THE STATE Respondent

Criminal Miscellaneous No. 586/13 of 1985, decided on 3rd April, 1985.

Criminal Procedure Code (V of 1898)‑‑----

‑‑‑S. 497‑‑Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3 & 4‑‑Bail, grant of‑‑Petitioner allegedly found in possession of 400 grams of Charas, not a previous convict‑‑Offence, petitioner charged with, also not falling within prohibitory clause of S. 497, Cr.P.C. Petitioner allowed bail, in circumstances.

Muhammad Sohail Dar for Petitioner.

Hashmat Ali Raza for the State.

Date of hearing: 3rd April, 1985.

ORDER

This is an application for post arrest bail by Muhammad Ramzan alias Jani in a case registered at Police Station B‑Division, Okara on 5th of February, 1985 under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979.

2. It is alleged that on 5th of February, 1985 on receipt of a secret information, the police raided the petitioner and on his persona search recovered from him 400 grams Charas.

3. It is contended by learned counsel for the petitioner that the offence alleged to have been committed by the petitioner does not fall within the prohibitory clause. This contention is not controverted by the learned counsel for the State. It is also asserted that the case against the petitioner is false and motivated.

4. It is admitted that the petitioner is not a previous convict. In the circumstances this application is accepted and the petitioner is admitted to bail in the sum of Rs.10,000 (Rs. Ten Thousand) with one surety in the like amount to the satisfaction of Assistant Commissioner, Okara.

S. G. D. Bail granted

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