Case Details

Citation(s)
2014 SLG 2728 2014 SLD 2728 2014 PCRLJ 1732
Peshawar High Court
Criminal Miscellaneous Bail Application No. 1277-P of 2014, decided on 25th August, 2014
IKRAMULLAH KHAN, J
Arshad Hussain Yousafzai for Petitioners. Syed Qaiser Ali Shah, Additional Advocate-General for the State

ISHAQ ALI SHAH and anothers

VS

The STATE

Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497--- Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Khyber Pakhtunkhwa Prevention of Gambling Ordinance (V of 1978), S.6---Possessing, trafficking narcotics, Gambling---Bail, grant of---Neither accused persons were arrested on the spot, nor any incriminating articles were recovered from their possession, or on their pointation---Whether, the place of occurrence as alleged in the F.I.R., belonged to accused or otherwise would be determined during the trial after recording evidence by the Trial Court---None of the offences, with which accused persons were charged, carried punishment of 10 years and were not hit by restrictive clause of S.497, Cr.P.C.---Accused were released on bail, in circumstances. JUDGMENT IKRAMULLAH KHAN, J.---Petitioners, Ishaq Ali Shah son of Riaz and Bilal son of Muhammad Ayub, seek their release on bail in case F.I.R. No. 409 dated 7-7-2014 registered under section 9(c), Control of Narcotics Substances Act, 1997 - 3/4, P.O./6, G.O., at Police Station Gulabahar, Peshawar. 2. The allegations against the present petitioners as per contents of F.I.R. are that, on spy information regarding gambling in the hujra of accused/petitioner Ishaq Ali Shah/place of occurrence, the local police conducted raid, the persons on seeing the police party, fled away from the spot, while the police recovered 20 bottles of local vine, 3 Kgs charas, playing cards as well as Rs.5,000…
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