1463/2016 Cr.Bail Siraj Muhammad (Applicant) V/S The State (Respondent)
Sindh High Court
Bench: Hon'ble Mr. Justice Arshad Hussain Khan(Author)
Order Date: 14-DEC-16
The applicant/accused through the above bail application has sought post arrest bail in a case registered under Section 6/9-C C.N.S Act 1997, at Police Station Shah Faisal Colony, Karachi. The matter was considered in the light of Zafar Iqbal v. Muhammad Anwar and others (2009 SCMR 1488), a larger Bench of the Honourable Supreme Court has elucidated the principles for considering the grant of bail, where offences fall within the non-prohibitory clause. The issue of violation of Sections 21 and 22 of the Control of Narcotic Substance Act 1997, was considered in the light of Muhammad Younas and others Vs. Mst. Parveen alias Mano and others (2007 SCMR 393). It was discussed that the guilt or innocence of an accused does not depend on the question of competent or otherwise of a Police Officer to investigate the offence. A trial of an accused is not vitiated merely on the ground that the case has been investigated by an officer who is not authorized to do so unless a contrary intention appears from the language of a statute. And the Court has to determine the guilt or innocence of an accused on the basis of the evidence produced before it irrespective of the manner in which he is brought before it.Full judgment text for this case is not yet available on Pakistan Law Reports. Check the official Sindh High Court case law portal for the complete order.
This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.