| Citation(s) |
|---|
| 2022 SLG 791 2022 SLD 791 2022 SCMR 685 |
Supreme Court of Pakistan
Criminal Petition No. 1056 of 2021, decision dated: 1st October, 2021, hearing date: 1st October, 2021. (Against the order dated 06.09.2021 passed by the Peshawar High Court, Peshawar in Criminal Misc. No. 2918-P of 2021)
SARDAR TARIQ MASOOD, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Noor Alam Khan, Advocate Supreme Court for Petitioner. Anis Muhammad Shahzad, Advocate Supreme Court (State counsel) along with Zia Ullah, S.I. for the State.
Criminal Petition No. 1056 of 2021, decision dated: 1st October, 2021, hearing date: 1st October, 2021. (Against the order dated 06.09.2021 passed by the Peshawar High Court, Peshawar in Criminal Misc. No. 2918-P of 2021)
SARDAR TARIQ MASOOD, JUSTICE, AMIN-UD-DIN KHAN, JUSTICE, JAMAL KHAN MANDOKHAIL, JUSTICE
Noor Alam Khan, Advocate Supreme Court for Petitioner. Anis Muhammad Shahzad, Advocate Supreme Court (State counsel) along with Zia Ullah, S.I. for the State.
FARHAD ALI
VS
THE STATE THROUGH A.A.G. KHYBER PAKHTUNKHWA
Law: Criminal Procedure Code (V of 1898)
Section: 497(2)
Law: Juvenile Justice System Act, 2018
Section: 6
Criminal Procedure Code (V of 1898)--- ---S. 497(2)---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(1)(d), 11(c), 12 , 13---Juvenile Justice System Act (XXII of 2018), S. 6--- Preparation of crystal methamphetamine (ICE) at a factory--- Bail, grant of--- Further inquiry--- Juvenile accused--- Mere presence at site of narcotics preparation---According to FIR the factory of ICE was being run by a co-accused---Upon raid on the said factory the accused was found present whereas 24 packets of ICE weighing 24000 grams and four packets of chemical weighing 106 kilograms were recovered from the possession of another co-accused---According to prosecution, presence of accused was shown at the spot but nothing was recovered from him or on his pointation---According to matriculation certificate the accused was about sixteen years and five months of age at the time of incident and apparently, he was a juvenile---Since as per prosecution’s own case, nothing was recovered from the possession or on the pointation of accused, therefore, the Trial Court shall determine whether case of accused came within the mischief of Ss. 12 , 13 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 after recording evidence---Presently case against the accused called for further inquiry falling within the ambit of S. 497(2), Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail. ORDER: SARDAR TARIQ MASOOD, JUSTICE:---.--- Farhad Ali has impugned the order dated 06.09.2021 whereby bail was refused to him by the learned Peshawar High Court, Peshawar to case FIR No.261 dated 09.08.2021, offence under sections 9-D, 11-C, 13, KP CNSA, registered at Police Station Jamrud Khyber. 2. After hearing the learned counsel for the petitioner and learned…
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