Case Details

Citation(s)
2018 SLG 1040 2018 SLD 1040 2018 PCRLJ 440
Peshawar High Court
Criminal Misc. Bail Petition No. 754-P of 2017, decision & hearing Dated: 12-06-2017.
ROOH-UL-AMIN KHAN, JUSTICE
Noor Alam Khan for Petitioner. Moeen ud Din Hamayoun, AAG for the State.

IFTIKHAR AHMAD

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 2(q)---Control of Narcotic Substances (Regulation of Drugs of Abuse, Controlled Chemicals, Equipment and Materials) Rules, 2001, Division II, Schedule V---Possession of narcotic drugs---Recovered contraband under the name of "Acetic Anhydride" fell within the ambit of "manufacture drug" as defined under S. 2(q) of Control of Narcotic Substances Act, 1997, as well as notified in the official gazette and Division II, Schedule V, Control of Narcotic Substances (Regulation of Drugs of Abuse, Controlled Chemicals, Equipment and Materials) Rules, 2001---Possession of recovered chemical "Acetic Anhydride" being a primary substance used for production of heroin was manifest contravention of the provisions of S. 6, Control of Narcotic Substances Act, 1997---Accused was arrested red-handed on the spot and huge quantity of "Acetic Anhydride" was recovered from boot of car which was in his exclusive possession and control---Positive Forensic Science Laboratory report and statements of recovery witness under S. 161, Cr.P.C. had substantiated the version of complainant---Nothing was on record to show any ill-will or enmity of the prosecution witnesses against accused---On tentative assessment of evidence, reasonable grounds existed which prima facie connect accused with commission of offence---Bail was refused accordingly. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, JUSTICE:---.--- Petitioner Iftikhar Ahmad, seeks bail in case FIR No.23 dated 10.03.2017, registered under section 9(c), Control of Narcotic Substances Act, 1997, in Police Station ANF RD, KP, Peshawar. 2. As per contents of FIR, on 10.03.2017 at 17.00 hours, on receipt of spy information qua trafficking of Acetic Anhydride (a chemical used in preparation of heroin), by Iftikhar Ahmad (present petitioner), in his Suzuki motorcar bearing registration No.BC.8491, Peshawar from Peshawar to Karkhano, Hafiz Sohail Umar Gondal, Inspector ANF along with other ANF personnel, conducted a barricade near Speen Jumat University Town Peshawar and at 17.00 hours, intercepted the aforesaid vehicle, being driven by…
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