| Citation(s) |
|---|
| 2017 SLG 1203 2017 SLD 1203 2017 PLJ 452 |
Peshawar High Court
Crl. B.A. No. 1774-P of 2016, decided on 6.9.2016. Date of hearing: 6.9.2016.
QAISER RASHID KHAN, J.
Mr. Shan Asghar, Advocate for Petitioner. Syed Qaiser Ali Shah, AAG for State.
Crl. B.A. No. 1774-P of 2016, decided on 6.9.2016. Date of hearing: 6.9.2016.
QAISER RASHID KHAN, J.
Mr. Shan Asghar, Advocate for Petitioner. Syed Qaiser Ali Shah, AAG for State.
NAEEM . --Applicant
VS
STATE . --Respondent
Law:
Section:
Criminal Procedure Code, 1898 (V of 1898) --.-- --.-- S. 497(1) --.-- Control of Narcotic Substances Act, (XXV of 1997), S. 9(c) --.-- Pakistan Penal Code, (XLV of 1860), S. 325 --.-- Bail, dismissal of --.-- Recovery of huge quantity of contraband narcotics --.-- Such type of persons, engaged in narcotics sale at local level, stage a drama in order to arouse sympathy of bystanders and their weapon of offence is a shaving blade which they keep either to ward off police or in alternative even to cause injuries to their person and in latter case, they at times even succeed to make good their escape from place of occurrence --.-- Held: As and when law enforcing agencies put their acts together in order to nab narco dealers, more such dealers or their facilitators bring about novelty in their acts and actions and case of accused-petitioner inflicting injuries on his person is but one example --.-- Taking a tentative and overall assessment, accused-petitioner is prima facie involved in commission of offence which falls within prohibitory limb of Section 497 Cr.P.C. and he was disentitled to concession of bail. JUDGMENT The petitioner, Naeem, seeks bail in case FIR No. 1253 dated 10.7.2016 registered under Sections 9(c), CNS Act/325 PPC, Police StationPahari Pura, Peshawar after the said relief was declined to him by the learned Court below. 2. Allegations against the accused-petitioner are that he was apprehended alongwith 2700 grams Charas Gardah and 300 grams heroin, hence the FIR ibid. Arguments heard and record perused. 3. As evident from the FIR, it was on an information to the local police regarding the sale of narcotics by the accused-petitioner when they rushed to the spot and tried to overpower him but he took out a blade and caused injuries on his head and neck whereafter the search of the shopping bag, in his possession, led to the recovery of 2700 grams Charas Gardah and 300 grams heroin alongwith an amount of Rs. 1500/-. 4. All that the learned counsel for the petitioner vehemently argued was that the accused-petitioner has been falsely roped in the instant case as despite being charged by the local police to be engaged in the sale of narcotics, nobody…
Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492