BILAL AHMAD vs State S — 2021 MLD 1482 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 1482 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: BILAL AHMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 9---T; S. 9; S. 497; Narcotic Substances Act (XXXI of 2019); 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

BILAL AHMAD VS State S.497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.9---Transportation of narcotics---Bail, refusal of---Scope---Accused was allegedly apprehended while transporting 6000 grams of charas---Contention of accused was that words "or" had been used in clauses (a), (b) and (c) of S.9 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, which suggested that the sentences of imprisonment were interchangeable---Held; cases where the quantity of recovered narcotic substance exceeded the limit of one kilogram, the term of imprisonment provided therein was fourteen years along with fine which could extend to one million and not less than five lacs---Offence, therefore, fell within the prohibitory clause of S.497, Cr.P.C.----Accused was not found entitled to the concession of bail on tentative appraisal of the evidence---Petition for grant of bail was dismissed, in circumstances.

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