RIAZ ULLAH vs State S — 2021 YLR 1241 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 1241 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: RIAZ ULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 28; 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

RIAZ ULLAH VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d), 27 & 31---Possession of narcotics---Power to issue warrants---Mode of making searches and arrest--- Bail, grant of---Search of dwelling house---Rule of consistency---Further inquiry---Scope---Huge quantity of contraband was recovered from the personal possession of accused as well as from room of the house---No lady constable was associated with the local police---Nothing was available on record to show that the accused was a previous convict---Case of accused was also hit by the rule of consistency as the principal accused had already been released on bail---Search warrant was not obtained because the Court timings were over, however, the information was brought into the notice of the high-ups, but nothing in black and white was available on the file to show that the same was either brought into the notice of their seniors or they had permitted them to conduct raid over the dwelling house---Violation of S.28(2) and directions contained in Ss. 27 & 31 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, had therefore been made---Case of accused was arguable for the purpose of bail---Petition for grant of bail was allowed, in circumstances.

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