Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Qanun-e-Shahadat (10 of 1984)

Section: 164

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.11-B---Possession of narcotic substance---Bail, grant of---Illegal gratification allegedly demanded by police---Part recovery---Scope---In the present case 803 grams meth amphetamine (Ice) was allegedly recovered from a plastic bag held by the accused/ petitioner; while 707 grams of contraband stuff was stately recovered from co-accused---Contention of the petitioner/accused was that he was illegally roped by the police while groping to hunt for gratification from his father---Validity---Record as well as the report of the District Police Officer (having been submitted before the Court) indicated that although the allegations on the part of the petitioner/accused being serious required patent proof which though was lacking in the circumstances, however, said backdrop of present case as well as the part recovery allegedly affected from the petitioner/accused, had made the same/case certainly one of further inquiry---Although the offence was grave in nature yet the involvement of the petitioner was on account of skepticism ; thus on tentative assessment case had been made out for grant of bail in his favour---Bail was allowed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.11-B---Qanun-e-Shahadat (10 of 1984), Art. 164---Possession of narcotic substance---Private witnesses, non-association of---Use of modern device (videography) by the Law Enforcement Agency---Benefit---Contention of the petitioner/accused was that he was illegally roped by the Police while groping to hunt for gratification from his father---Validity---In cases of recovery of contrabands particularly Charas and Ice, the police neither associates private witnesses to authenticate such recovery nor do they offer plausible explanation for their omissions---To avoid malice of unscrupulous policemen and even otherwise in cases when resourceful accused can win over independent witnesses, the police as a worthy force and body is required to switch over/turn over to making good use…

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