SHER ALI vs State S — 2021 YLRN 26 PESHAWAR-HIGH-COURT

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SHER ALI VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 11(b)---Possession of narcotics---Possession of methamphetamine---Bail, grant of---Non-production of case property before the court---Scope---Accused was alleged to have been found in possession of Ice weighing 260 grams and two packets of heroin weighing 1146 grams and 1194 grams respectively---Prosecution case was that the accused was dealing in the business of narcotics and had intended to smuggle the same from his under construction house upon which police obtained search warrant from the court of law and raided the basement of his under construction house but the accused was found in his vehicle and the contraband was recovered from his personal possession as well as from the secret cavities of the vehicle and not from the basement of under construction house as mentioned in the FIR, which created doubts in the case---Local police had obtained search warrant from the ordinary Court of law and not from the Special Court---Contention of accused was that he was not the actual accused but another person having similar name was the actual accused, who had got criminal history of such like cases---Case property was not produced before the court of law at the time of obtaining police custody of the accused---Investigation of the case was complete and the accused was not required for further investigation---Petition for grant of bail was allowed, in circumstances.

SHER ALI vs State S — 2021 YLRN 26 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported