| Citation(s) |
|---|
| 2013 SLG 611 2013 SLD 611 2013 SCMR 669 |
Supreme Court of Pakistan
Criminal Petition No.303 of 2012, decision dated: 7-09-2012.(On appeal from the Peshawar High Court, Peshawar dated 1-8-2012 passed in Criminal Miscellaneous No.789-P of 2012)
NASIR-UL-MULK AND IJAZ AHMED CHAUDHRY, JJ
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Criminal Petition No.303 of 2012, decision dated: 7-09-2012.(On appeal from the Peshawar High Court, Peshawar dated 1-8-2012 passed in Criminal Miscellaneous No.789-P of 2012)
NASIR-UL-MULK AND IJAZ AHMED CHAUDHRY, JJ
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Raja MUHAMMAD YOUNAS
VS
The STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),497
Law: Criminal Procedure Code (V of 1898)
Section: 497(2),497
Law: Control of Narcotics Substances Act, 1997
Section: 9(c),13,15
(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 13 & 15---Qanun-e-Shahadat (10 of 1984), Art. 38---Possession and trafficking of narcotics, aiding, abetment or association in narcotic offences---Bail, grant of---further inquiry---Accused implicated for the offence on the statement of co-accused made before the police---Such statement of co-accused could not be used as evidence against the accused in view of Art. 38 of Qanun-e-Shahadat, 1984---Plea of Anti-Narcotic Force that accused was involved in other narcotic cases similar to the present one was not relevant in circumstances---Case against accused was one of further inquiry---Accused was granted bail accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Qanun-e-Shahadat (10 of 1984), Art. 38---Bail---Scope---Accused implicated for the offence on the statement of a co-accused made before the police---Under Art.38 of the Qanun-e-Shahadat, 1984, admission of co-accused before police could not be used as evidence against the accused. ORDER NASIR-UL-MULK, J.---The petitioner is one of the many accused, charged in a case registered under sections 9(c), 13 and 15 of the Control of Narcotic Substances Act, 1997, after the narcotics (heroin) was recovered from one, Mirza Naeem Baig, while proceeding to take a flight abroad from Bacha Khan Airport Peshawar by Qatar Airways.…
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