SHAH MEHMOOD vs State S — 2021 MLD 46 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 MLD 46 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: MLD
Parties: SHAH MEHMOOD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; 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

SHAH MEHMOOD VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d), 2(c) & 29---Possession of narcotics---Bail, grant of---Power of seizure and arrest in public places---Authorized officer---Non-availability of report of Forensic Laboratory---Completion of investigation---Further inquiry---Scope---Accused was alleged to have been found in possession of 1015 grams of charas---Five grams of charas was separated for chemical analysis but neither any copy of the application for sending the sample to Forensic Laboratory was available on record nor any report of the Forensic Laboratory was available which could show that the contraband allegedly recovered from the accused was in fact charas---Powers of seizure and arrest in public places under the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 was conferred upon an authorized officer and the question whether the SHO was duly authorized by Regional Police Officer was to be determined at the trial---Investigation was complete inasmuch as challan was drafted and was ready to be put in Court and the accused was not required by the local police for further investigation---Available record had made the case of accused one of further inquiry entitling him to concession of bail---Bail was allowed, in circumstances.

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