| Citation(s) |
|---|
| 2016 SLG 2757 2016 SLD 2757 2016 PCRLJ 730 |
Peshawar High Court
Cr. Misc. B.A. No. 2212-P of 2015, decided on 25th January, 2016. Date of hearing: 25th January, 2016.
MAZHAR ALAM KHAN MIANKHEL, CHIEF, JUSTICE
Arshad Hussain Yousafzai for Petitioners. M. Iqbal Mohmand for the State.
Cr. Misc. B.A. No. 2212-P of 2015, decided on 25th January, 2016. Date of hearing: 25th January, 2016.
MAZHAR ALAM KHAN MIANKHEL, CHIEF, JUSTICE
Arshad Hussain Yousafzai for Petitioners. M. Iqbal Mohmand for the State.
MUHAMMAD SAEED KHAN AND OTHERS ERS
VS
THE STATE - --Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Control of Narcotics Substances Act, 1997
Section: 9(c)
Criminal Procedure Code (V of 1898)-- ----------S.497 --------- Control of Narcotic Substances Act (XXV of 1997), S.9(c) --------- Possessing and trafficking narcotics --------- Bail, grant of --------- Accused persons, who were in jail since 11-11-2015, for alleged recovery of total 2400 grams of "charas", were no more required for investigation or interrogation purposes --------- No prospect was available of the commencement of trial of accused persons in near future --------- No strong reason existed to withhold the concession of bail, when speedy trial was indefeasible right of accused persons --------- Mere heinousness of crime, would not disentitle accused from the concession of bail --------- Accused were directed to be released on bail, in circumstances. THIS JUDGMENT DELIVERED BY: MAZHAR ALAM KHAN MIANKHEL, CHIEF JUSTICE --------- Muhammad Saeed Khan and Anwar Zeb, petitioners herein, who are charged in a case registered against them under section 9(c) of the Control of Narcotic Substances Act, 1997, vide FIR No. 66, dated 11.11.2015 in Police Station ANF, Peshawar, mainly on the grounds that not only they have falsely been involved in the instant case but for possessing 2400 grams of "Charas", they are not likely to be awarded the maximum sentence provided by the Statute, that too, when they are languishing behind the bars since 11.11.2015 yet, the commencement of their trial let alone its conclusion is not in sight, notwithstanding, they are no more required for investigation purpose. 2. As against that the learned counsel appearing on behalf of the State argued that the petitioners are not entitled to be released on bail as they were arrested red-handed on the spot and the contraband was recovered from their immediate possession,…
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