| Citation(s) |
|---|
| 2025 SLG 3216 2025 SLD 3216 |
Cr.Misc:BA No.98/2025
MUHAMMAD TARIQ AFRIDI, J.
Date of hearing -----=2c...:..4=.0=3=.2=0=25=----- For petitioner(s): For State: Mr. Habib-ur-Rehman Advocate Mr. Naiib Ullah, A.A.G.
Hamid Ullah
VS
The State etc.
Law: Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)-
Section: 11(b)
Law: Khyber Pakhtunkhwa Arms Act, (XXIII of 2013)
Section: 15
Law: Code of Criminal Procedure (CrPC), 1898
Section: 497
Law: Control of Narcotic Substances (Government Analysts) Rules, 2001
Section: 4(2)
REMARK
The relevant provision that relates to the dispatch of samples for testing or analysis to the FSL is contained in Rule 4 (2) of the control of Narcotic substances (Government Analysts) Rules, 2001. It provides that samples may be dispatched for analysis under the cover of a test Memorandum specified in Form-I at the earliest, but not later than seventy-two hours after the seizure. In the Instant case, sample parcel was sent to FSL after 10 days (beyond seventy-two hours) after it seizure. Moreover, a copy of register-XIX is available on the record, however, it does not reveal the name of the police official who transmitted the sample parcel to the FSL. Therefore, the prosecution is yet to establish not only the factum of recovery, but also its safe custody and secure transmission to the FSL. However, at the moment, the aforesaid discrepancy makes the instant case arguable for purpose of bail.
(Bail Petition allowed).
Summary:Bail Granted
This is a post-arrest bail order in Cr. Misc. BA No.98/2025 from the Peshawar High Court, Bannu Bench, concerning Hamid Ullah, arrested on 13.10.2024. Police allegedly recovered a Kalakov rifle with 23 rounds and 509 grams of methamphetamine from him. The prosecution’s case faced a major procedural lapse — the sample parcel of methamphetamine was sent to the Forensic Science Laboratory after 10 days (instead of within 72 hours as per Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001), with unclear documentation about safe custody and transmission. The Court, relying on Sagheer Ahmed v. The State (2024 SCMR 913), found the case fit for further inquiry and granted bail. The Arms Act charge (Section 15, KP Arms Act, 2013) was also found bailable by default.