Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 20

Law: Constitution of Pakistan, 1973

Section: 185(3)

Criminal Procedure Code (V of 1898)--- ----S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) ,  27---Control of Narcotic Substances Act (XXV of 1997), S. 20---Constitution of Pakistan, Art. 185(3)---Sale of charas (narcotic)---Bail, refusal of---Raid conducted at a dwelling house without a search warrant---Directory nature of section 27 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (‘the 2019 Act’)---Whether non-compliance with section 27 of the 2019 Act would render the recovery of narcotics as inadmissible---Held, that provisions of section 27 of the 2019 Act, which are identical to the provisions of section 20 of the Control of Narcotic Substances Act, 1997 (‘the 1997 Act’), are also directory in nature, and their noncompliance though may entail departmental disciplinary action or penal action or both against the delinquent police official, but do not affect the admissibility of the fact of recovery of the narcotics in evidence before the Trial Court---Where a warrant was not obtained in a case within the prohibitory clause of section 497, Cr.P.C., it was not a sufficient ground to grant bail---Petition for leave to appeal was dismissed and accused was refused bail. Fida Jan v. The State 2001 SCMR 36; Muhammad Hanif v. The State 2003 SCMR 1237; Karl John v. The State PLD 2004 SC 394; Muhammad Akram v. The State 2007 SCMR 1671; Muhammad Younas v. Mst. Perveen 2007 SCMR 393; The State v. Hemjoo 2003 SCMR 881; Arshad Mahmood v. The State PLD 2008 SC 376; Sakina Bibi v. The State 2008 SCMR 1111 and Zafar v. The State 2008 SCMR 1254 ref. Saleem Ullah Khan Ranazai, Advocate Supreme Court for Petitioner. Mian Shafaqat Jan, Additional A.G. Khyber Pakhtunkhwa along with Shabir Khan, S.P and Muhammad Tariq, S.I. for the State. hearing date: 7th June, 2022. ORDER YAHYA AFRIDI, J.---Syed Zulfiqar Shah (‘petitioner’) has filed this petition for leave to appeal against the concurrent orders of the Peshawar High Court, dated 04.04.2022, and of the learned trial court, dated 22.03.2022, whereby his applications for bail after arrest in FIR No.51 dated 18.03.2022 registered for the commission of offence under…

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