State vs Syed AMIR MUHAMMAD Ss — 2021 MLD 1381 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2021 MLD 1381 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2021
Reporter: MLD
Parties: State vs Syed AMIR MUHAMMAD Ss
Subject matter: Criminal
Provisions referred to: S. 25; S. 103; Narcotic Substances Act (XXV of 1997); Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

State VS Syed AMIR MUHAMMAD Ss.497(5)& 103---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 25---Application for cancellation of bail---Possession of narcotics---Non-association of private witnesses---Scope---Prosecution sought cancellation of bail granted to accused by the Trial Court---Accused was alleged to have been found in possession of 4 kilograms of ice (drug)---Non-association of private witnesses could not be made a basis for granting post-arrest bail to an accused as S.25 of the Control of Narcotic Substances Act, 1997, excluded application of S.103, Cr.P.C., in narcotic cases---Trial Court had wrongly made deeper appreciation of evidence at bail stage, which was not permissible rather tentative assessment of the material collected by the prosecution had to be made at bail stage---Order granting post-arrest bail to the accused could not sustain---Application for cancellation of bail was allowed, in circumstances.

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