Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-

Section: 9(1), 5(f), 3(e), 15

Law: Criminal Procedure Code (V of 1898)

Section: 497(1),497(2)

REMARKS

Keeping in view that the vehicle was being driven by petitioner Syed Noman Ali Shah and was under his direct and immediate control, his claim of lack of conscious knowledge regarding the presence of opium concealed in the door panel, as well as his purported ignorance of the other petitioners\' possession of chars, appears to be devoid of plausible justification at this stage. The collective recovery of narcotics from the same vehicle, and the manner in which the drugs were found in close proximity to each petitioner, reasonably suggests a joint enterprise aimed at the transportation of narcotics. Such a coordinated arrangement, particularly involving bulk of contraband, cannot be readily disbelieved or dismissed as implausible in a tentative assessment at the bail stage. Furthermore, there is no material on record indicating any prior enmity, mala fide or ill-will on the part of the Seizing Officer or any member of the ANF that could suggest false implication.

Summary of Judgment:Drug Trafficking

Petitioners were arrested red-handed on 22.01.2025 by the Anti-Narcotics Force (ANF) while transporting a large quantity of narcotics (22.8 kg chars + 8.4 kg opium) in a Toyota Yaris.