| Citation(s) |
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| 2024 SLG 6467 2024 SLD 6467 = 2024 YLR 1172 |
Peshawar High Court, Bannu Bench
Criminal Miscellaneous Bail Application No. 590-B of 2023, decided on 17th November, 2023.
Before Dr. Khurshid Iqbal, J
Younas Ali Shah for Petitioner. Umer Qayyum Khan, A.A.G. for the State.
Criminal Miscellaneous Bail Application No. 590-B of 2023, decided on 17th November, 2023.
Before Dr. Khurshid Iqbal, J
Younas Ali Shah for Petitioner. Umer Qayyum Khan, A.A.G. for the State.
Syed KHAN alias MALANGI---Appellant
VERSUS
The STATE---Respondent
Law: Criminal Procedure Code (V of 1898)
Section: 497
Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-
Section: 11(b)
Criminal Procedure Code (V of 1898)-------S. 497--- Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 11(b)---Trafficking of narcotics---Possession of amphetamine (ICE)---Bail, refusal of---Accused was found in possession of 527 grams of amphetamine (ICE)---Record revealed that 527 grams of ice was recovered from the direct possession of the petitioner, which was a huge quantity---Sample of one gram was extracted from it and sent to the Forensic Science Laboratory for chemical analysis--Forensic Science Laboratory Report was received in positive, confirming the nature of the substance as ice---Escalating menace of ice, both in its sale and usage, was a pressing concern that was intensifying day by day---Viewing present issue from a broader perspective, the widespread prevalence of ice as a narcotic substance posed a grave threat to the society, carrying the potential to precipitate its eventual collapse and imperil the future of the youth---If left unchecked, the pervasive consequences of that menace could undermine the stability, progress, and prosperity of the nation as a whole---Tentative reading of the record prima facie connected the petitioner to the offence alleged against him, which entailed a punishment which was covered by the prohibition contemplated in S. 497, Cr.P.C--Bail petition was refused, in circumstances.Date of hearing: 17th November, 2023.JUDGMENTDR. KHURSHID IQBAL, J.---The petitioner, Syed Khan alias Malangi, seeks release on bail in case FIR No.974, dated 24.10.2023, registered under section 11(b) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, at Police Station Cantt, District Bannu.2. On 24.10.2023, a police patrol led by Rauf Khan, PASI, received information that a notorious drug peddler, known as Syed Khan alias Malangi, was awaiting clients for the sale of ice on the metalled road of Amandi Amir Jan, near River Kurram. Acting on the information, the police patrol immediately rushed to the spot and spotted a person matching the informant's description. On seeing the police patrol, the person attempted to flee, but was apprehended. His physical search revealed a…