TAUFEEQ SAID vs State S — 2021 YLR 468 PESHAWAR-HIGH-COURT

Case information

Citation: 2021 YLR 468 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2021
Reporter: YLR
Parties: TAUFEEQ SAID vs State S
Subject matter: Criminal
Provisions referred to: S. 497---; S. 28; S. 59; Narcotic Substances Act (XXXI of 2019); Narcotic Substances Act; 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

TAUFEEQ SAID VS State S. 497--- Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss.9(d), 28, 2(e) & 59---Possession of narcotics, power of entry, search, seizure and arrest without warrant, authorized officer, repeal and savings---Bail, refusal of---Habitual offender---Scope---Accused was alleged to have been found in possession of 3330 grams of charas---Accused was arrested red-handed on the spot---Prosecution case was duly corroborated by the marginal witnesses present on the spot coupled with the positive report of Forensic Laboratory---Contention of petitioner was that at the time of registration of FIR, the local police was not authorised to search, seize or arrest a person under S. 28 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, rather the powers were vested in the "Authorised Officer"---No doubt, at the time of registration of FIR, local police was not empowered to search, seize and arrest under S.28 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019, but newly added subsection (3) of S.59 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019, provided that all actions done and proceedings conducted by local police from 4th September, 2019 till 31st January, 2020 were legal---Accused had also been charged in other criminal cases of similar nature which depicted that he was a habitual offender and dealt in narcotics business---Petition for grant of bail was dismissed, in circumstances.

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