| Citation(s) |
|---|
| 2023 SLG 241 2023 SLD 241 2023 MLD 32 |
Peshawar High Court
Criminal M. B.A. No. 2763-P of 2021, decided on 26th August, 2021.
S M ATTIQUE SHAH, J
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Criminal M. B.A. No. 2763-P of 2021, decided on 26th August, 2021.
S M ATTIQUE SHAH, J
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MUHAMMAD SADIQ alias SADIQ
VS
The STATE
Law: Criminal Procedure Code (V of 1898)
Section: 497
Criminal Procedure Code (V of 1898)--- ----S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(1)(d), 27, 31---Possession of narcotics---Power to issue warrants---Mode of making searches and arrest---Bail, grant of---Scope---Accused was charged for having been in possession of 5000 grams of heroin as well as chemical weighing 5000 grams---Police had allegedly conducted a raid on the accused persons house but neither any search warrant under S. 27 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 was obtained nor any lady constable was accompanied by raiding party at the time of raid---No independent witness had been associated by local police at the time of raid, which was mandatory under S. 31 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---As per contents of FIR, the information was brought into the notice of…
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