Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)

Section: 15

Criminal Procedure Code (V of 1898)--- ----S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 9(d)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Transportation of narcotics---Unlicensed possession of arms---Driver of vehicle---Bail, refusal of---Scope---Prosecution case was that during the course of nakabandi laid by the police at the spot a motor car was stopped for the purpose of checking, wherein, the accused was found on the driving seat while two accused persons were occupying the front and rear seats respectively---After some interrogation, they were de-boarded from the vehicle and one of them was found to be in possession of .30 bore pistol with 25 live cartridges and 3600 grams of charas was recovered from secret cavities of the vehicle---Driver of the vehicle was in full command and control of the same, therefore, he could not feign ignorance about the presence of huge quantity of narcotic stashed in the secret cavities of the vehicle in respect of which the Forensic Laboratory’s report was also in affirmative---As such, he being prima facie connected with the commission of offence was held disentitled to the concession of bail---Other accused persons were prima facie qualified for the grant of bail qua their involvement in the commission of offence---Application of driver was dismissed whereas that of other accused persons was allowed. ORDER QAISER RASHID KHAN, C.J.---Through this single order, I intend to dispose of the instant bail petition as well as the connected Bail Petition No.4189-P/2021 titled ‘Tipu Sultan and another v. The State’ as both are outcome of case FIR No.853, dated 5.11.2021 under sections 9-D, C.N.S.A. read with section 15, Arms Act of Police Station Cantt. Kohat. 2. Arguments heard and the available record perused. 3. As per the FIR ibid, it was during the course of nakabandi laid by the police at the spot when a motorcar bearing Registration No.LEA-3875, coming from DanayKhula was stopped for the purpose of checking, wherein, the accused-petitioner Muhammad Saqib was found on the driving seat, while accused-petitioners Tipu Sultan and Aslam Khan occupying the front and the rear seats…

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