Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Juvenile Justice System Ordinance, 2000

Section: 6,2(g)

Criminal Procedure Code (V of 1898)--- ----S.497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d), 11(b)---Juvenile Justice System Act (XXII of 2018), Ss.6, 2(g)---Possession of narcotics---Prohibition of methamphetamine---Release of juvenile on bail---Scope---Bail, refusal of---Scope---Accused was alleged to have been found in possession of 3300 grams of charas and 180 grams of heroin---Age of accused according to Birth Registration Certificate issued by NADRA was 17 years, 11 months and 25 days on the day of occurrence---Section 6(4) of the Juvenile Justice System Act, 2018 provided that where a juvenile of more than sixteen years of age was arrested or detained for a heinous offence, he might not be released on bail if the Juvenile Court was of the opinion that there were reasonable grounds to believe that such juvenile was involved in commission of a heinous offence---Under S. 2(g) of Juvenile Justice System Act, 2018, “heinous offence” included an offence punishable with death or imprisonment for life or imprisonment for more than seven years---Even if the alleged juvenility of the accused was taken into consideration, he was not entitled to the concession of bail under the provisions of Juvenile Justice System Act, 2018, governing the grant of bail to a juvenile---Petition for grant of bail was dismissed, in circumstances. Hassan Zaib Rahim for Petitioner. Arshad Ahmad, A.A.G. for the State. hearing date: 8th October, 2021. ORDER ROOH-UL-AMIN KHAN, JUSTICE:---.--- -Petitioner Ahmad Khan, whose earlier request for post arrest bail on merit has been turned down by this Court vide order dated 30.08.2021, in case FIR No.789 dated 11.07.2021, under section 9(d) and 11(b) Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, Police Station MRS Kohat, through the instant application seeks the relief of post arrest bail on fresh ground of juvenility. 3. Arguments of learned counsel for the parties heard and record perused. 4. It appears from record that petitioner is charged in the instant case for recovery of 3300 grams chars and 180 grams heroin. Initially, he applied for his post arrest bail on merit before the learned…

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