Case Details

Citation(s)
2024 SLG 3067 2024 SLD 3067 2024 MLD 472
Peshawar High Court
Cr.M (B.A.) No.3331-P of 2022, decided on 14th November, 2022.Date of hearing: 14th November, 2022.
Present: Mohammad Ibrahim Khan, J
Yasar Khan Safi for Petitioner. Muhammad Waqas, Special Prosecutor ANF for the State.

NOOR MUHAMMAD---Petitioner

VS

The STATE---Respondent

Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--- ----S. 497---Khyber Pakhtunkhwa Narcotic Substances Act (XXXI of 2019), S.9(c)---Possession of Charas and ICE (Methamphetamine)---Bail, refusal of---Total 16 packets of Charas and methamphetamine (total 4.750 KG) were recovered from trunk of the motorcar boarding the petitioner / accused which was driven by another accused ('driver')---Record revealed that the petitioner/accused was in the front-seat of the vehicle, meaning thereby prima facie he was in league with driver(co-accused)---Recovery of huge quantity of Charas and ICE weighing 13.800 KG and 4.75 KG respectively had been recovered from the trunk of the vehicle at the pointation of petitioner / accused and the driver of the motorcar-in-question---Said recovery had further been affirmed through Report of Forensic Science Laboratory (' FSL Report') which was positive---Petitioner / accused had also not disclosed the purpose of his arrival at city of occurrence (Peshawar) from his native province (Sindh)---Statements of recovery witnesses recorded under S.161 of the Criminal Procedure Code, 1898 and positive FSL report supported the version of the Seizing Officer---Nothing was on record to show any ill-will or enmity of the Police with the petitioner / accused---Offence for which the petitioner/accused was charged fell within the prohibitory clause of S. 497, Cr.P.C.---No case of further inquiry had been made out by the petitioner / accused for the grant of bail---Bail was declined to the petitioner, in circumstances. JUDGMENT MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- -Petitioner Noor Muhammad son of Ahmad Warsi implicated in case FIR No. 14/2022 dated 02.03.2022 under section 9-C/15 CNSA, 1997 registered at Police Station ANF, RD, KP, Peshawar seeks his release on bail. Prior to approaching this court, he had filed an application for the same relief before the court of learned Additional Sessions Judge -XIII, Peshawar however, the same was dismissed on 08.10.2022. 2. The contents of murasila are that on 02.03.2022, complainant Inspector Shafiq Ahmad Khan received spy information that inter provincial drug smugglers namely Irshad Ali and Noor Muhammad would smuggle huge…
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