Law:

Section:

Penal Code (XLV of 1860)-------Ss. 324/353/148/149---Control of Narcotic Substances Act (XXV of 1997), S.9---Constitution of Pakistan, Art. 185(3)---Attempt to commit qatl-e-amd and possession of narcotic drugs---Conversion of petition from leave to appeal into appeal---Three of accused persons travelling in vehicle in question received firearm injuries and one of them was killed---Police party escaped completely unhurt notwithstanding the allegation that they fired in self-defence---Vehicle, admittedly was severely damaged in, the accident---Vehicle had gone out of control after its driver was hit in the firing---Despite the serious accident, the petitioner was not hurt and no firearm was recovered, from him---Petitioner had been in detention since July, 2009 and was entitled to bail in circumstance---Petition was converted into appeal and was allowed---Accused would be released on bail, in circumstances. JUDGMENT NASIR-UL-MULK, J.---After being declined bail by all the courts, the petitioner has tiled this petition for leave to appeal praying for his release on bail in a case registered under sections 324, 353, 148, 149, P.P.C. read with section 9 of the Control of Narcotic Substances Act, 1997 registered on the report of S.H.O. of Police Station Karak in Police Station Banda Daud Shah, District Karak. 2. The S.H.O. had alleged that he had prior information about the trafficking of narcotics in a motor car and on the basis of this tip off, he organized a police party. That as per information the motor car came along and was signalled to stop but instead the car speeded away. That he and the police party followed the vehicle and its occupants fired at the police party, who also returned the fire in self-defence. That after some chase the vehicle went out of control of the driver and met an accident. That three of the occupants of the vehicle Usman Ghani son of Sakhi Marjan, Khalid Usman and one Nasibullah, who was driving the vehicle received injuries and apart from the three, two other persons, Qeemat Gul and Muhammad Abid, who…

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