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MUHAMMAD SAQIB vs State S — 2022 PCrLJ 659 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 659 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
MUHAMMAD SAQIB vs State S
Subject matter
Criminal
Provisions referred to
S. 497---K; S. 9; S. 15---T; Narcotic Substances Act (XXXI of 2019); Khyber Pakhtunkhwa Arms Act (XXIII of 2013)

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

MUHAMMAD SAQIB VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 9(d)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Transportation of narcotics---Unlicensed possession of arms---Driver of vehicle---Bail, refusal of---Scope---Prosecution case was that during the course of nakabandi laid by the police at the spot a motor car was stopped for the purpose of checking, wherein, the accused was found on the driving seat while two accused persons were occupying the front and rear seats respectively---After some interrogation, they were de-boarded from the vehicle and one of them was found to be in possession of .30 bore pistol with 25 live cartridges and 3600 grams of charas was recovered from secret cavities of the vehicle---Driver of the vehicle was in full command and control of the same, therefore, he could not feign ignorance about the presence of huge quantity of narcotic stashed in the secret cavities of the vehicle in respect of which the Forensic Laboratory's report was also in affirmative---As such, he being prima facie connected with the commission of offence was held disentitled to the concession of bail---Other accused persons were prima facie qualified for the grant of bail qua their involvement in the commission of offence---Application of driver was dismissed whereas that of other accused persons was allowed. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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