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ARSHAD alias GOGA vs State S — 2022 PCrLJ 198 ISLAMABAD

Case information

Citation
2022 PCrLJ 198 ISLAMABAD
Court
Islamabad High Court
Year
2022
Reporter
PCRLJ
Parties
ARSHAD alias GOGA vs State S
Subject matter
Criminal
Provisions referred to
S. 497---C; Narcotic Substances Act (XXV of 1997); 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

ARSHAD alias GOGA VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 21---Possession of narcotics---Power to enter, search, seizure and arrest without warrant---Bail, grant of---Borderline case---Proceedings conducted by an Assistant Sub-Inspector---Non-availability of report of Forensic Laboratory---Scope---Accused was alleged to have been found in possession of 1285 grams of charas---Material investigation in the case regarding seizure, weighing, packing and sealing of charas into parcel, separation of some quantity of it for chemical analysis through Forensic Laboratory was carried out by an ASI (Assistant Sub-Inspector)---Contention of accused that the entire action taken by the ASI by way of registration of a case under the provisions of Control of Narcotic Substances Act, 1997 and its investigation by him from its inception to the end was violative of the law on the subject, seemed forceful---Report of Chemical Examiner was still awaited---Recovered substance had marginally exceeded 01 kilogram, so the accused was not likely to be awarded maximum sentence provided by the statute---Accused was in jail and his trial was not likely to be concluded in near future---Petition for grant of bail was accepted, in circumstances.

Other judgments reported in 2022 PCRLJ

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