ISMAIL vs State S — 2021 PCrLJN 31 PESHAWAR-HIGH-COURT

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ISMAIL VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 28---Possession of narcotics---Power of entry, search, seizure and arrest without warrant---Bail, refusal of---Scope---Accused was alleged to have been found in possession of 1075 grams of heroin---Contention of accused was that he was arrested in contravention of section 28 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---Held; non compliance of the provisions of S. 28 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, (pari materia to S. 21 of the Control of Narcotic Substances Act, 1997) did not vitiate the proceedings and such non-compliance could not be made a sole ground for release of the accused on bail, particularly in cases of extreme urgency requiring prompt action---Occurrence had taken place at midnight and there was no time for the complainant to comply with the provisions of section 28 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---Accused was arrested red-handed and huge quantity of narcotic was shown to have been recovered from his possession and on his indication---Statements of witnesses to the recovery proceedings recorded under S. 161, Cr.P.C., who on the face of record had no ill will or enmity with the accused supported the version of the Seizing Officer---Accused was prima facie connected with the commission of the offence---Petition for grant of bail was dismissed, in circumstances.

ISMAIL vs State S — 2021 PCrLJN 31 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported