Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9---Bail, grant of---Possession of narcotic---Accused was not arrested red handed---During interrogation neither accused confessed the guilt nor led to the recovery of any incriminating articles---Accused had been arrayed on the basis of statement of co-accused made to the Police, which legally speaking, was hardly admissible against the maker what to talk of co-accused---No legal direct or circumstantial evidence was connecting accused with the crime---Accused, in circumstances, was entitled to concession of bail. 2001 SCMR 14; 2000 SCMR 667 and 1999 SCMR 1271 ref. THIS JUDGMENT DELIVERED BY: GHULAM MOHYUDDIN MALIK, J.--- As per allegations disclosed by Inspector Sardar Abdul Waheed, S.H.O. Police Station, ANF, Peshawar; he was informed by his senior officers that huge quantity of narcotics will be smuggled through truck No. P-4405 from Khyber Agency to Punjab via G.T. Road; that he on receipt of this application arranged raiding party applied picket (Nakabandi) near Kund turn, Khair Abad, G.T. Road; that in the meanwhile at 1200 hours on 13-11-2007 saw the same Truck coming from Peshawar side. It was signaled to stop, on query, the driver disclosed his name Waheedullah son of Muhammad Rehman R/o Dagbasood, Nowshera; that during search of the truck huge quantity of Charas and opium was recovered from the secret cavities of the truck; that after recovery he sent the report in the shape of murasila for registration of the case and seized the above mentioned narcotics. 2. Further it is alleged that during interrogation of accused Waheedullah he disclosed name of Doctor Khan as the owner and actual beneficiary of the narcotics and so in pursuance to this statement the petitioner Doctor Khan has been…

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