Case Details

Citation(s)
2011 SLG 1014 2011 SLD 1014 2011 YLR 1143
Peshawar High Court
Criminal Miscellaneous No. 424 of 2010, decision Dated: 06-12-2010. Hearing Date : 06-12-2010.
MIAN FASIH-UL-MULK, JUSTICE
Masood-ur-Rehman Tanoli for Petitioner. Tariq Khan Kakar for
Respondent.

SAQIB KHAN

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: West Pakistan Arms Ordinance (XX of 1965)

Section: 13

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ---S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---West Pakistan Arms Ordinance (XX of 1965), S.13--Trafficking prohibited chemical and possession of arms---Bail, refusal of---Accused were caught red-handed while trafficking huge quantity of prohibited chemical namely `Acetic Anhydride' in vehicles, for which they could not offer any plausible explanation/reasonable justification---Tentative assessment of record would show that accused were found reasonably connected with the commission of heinous offence of moral turpitude, which fell within the prohibited clause of S.497, Cr.P.C:---.---Bail petitions filed by accused persons being bereft of any merit, were dismissed---Since challan had been put in the court, the Trial Court was directed to conclude the trial of case within shortest possible time, but not later than two months. 2009 YLR 1041 and 2277 and PLD 2010 SC 623 ref. THIS JUDGMENT DELIVERED BY: MIAN FASIH-UL-MULK, J:---. s, namely, Saqib Khan son of Ishfaq Khan, Tahir Akram son of Muhammad Akram, Siraj Khan son of Saudagar, Gul Raees son of Khanjar Ali, Wajid son of Noor Muhammad and Abdul Karim son of Haji Hayat were booked through F.I.R. No.1 dated 18-8-2010 recorded at Police Station Anti Narcotics Force under section 9(C) C.N.S.A. and section 13 of the Arms Ordinance. The accused were formally arrested on the spot and refused release on bail by the learned Judge Special Court (CNS) N.-W.F.P. Peshawar vide order dated 16-9-2010. Petitioners have now come to this court for their release on bail through Criminal Miscellaneous Petitions Nos.424, 482, 494, 495 and 496 of 2010 respectively. All these petitions are disposed of by this single order. 2. Briefly stated facts of the case are that there was a spy information to the high-ups of ANF that narcotic smuggler Siraj Khan along with his other companions would attempt to smuggle Acetic Anhydride from Abbottabad to Peshawar and then to Afghanistan through Suzuki Pick-up having number plate of 'Applied for' and motor car Cultus No.JB-684 on 18-8-2010. While acting on such information Mushtaq Ahmed S.-I./S.H.O. Police Station ANF Haripur along…
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