AFSAR KHAN vs State S — 2021 MLD 272 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 272 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: AFSAR KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 9; S. 59---P; S. 59; Narcotic Substances Act (XXV of 1997); Narcotic Substances Act (XXXI of 2019); Narcotics 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

AFSAR KHAN VS State S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.59---Possession of narcotics---Bail, grant of---Registration of case under repealed Act---Scope---Accused was alleged to have been found in possession of 2400 grams of charas---Case against accused was registered under S.9(c) of Control of Narcotics Substances Act, 1997, which had already been repealed under S.59 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019---Newly added subsection (3) of S.59 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019, however, provided that all proceedings done under the Control of Narcotics Substances Act, 1997, were protected till 31st January 2020 and thereafter no law enforcing agency was empowered to register cases under the repealed Act in the Province but the seizing officer handed over the case to ANF officials instead of local police, who registered the case under the repealed Act, which was against the law---Petition for grant of bail was allowed.

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