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Mst. HUSNA BIBI vs State S — 2022 PCrLJ 707 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJ 707 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Reporter
PCRLJ
Parties
Mst. HUSNA BIBI vs State S
Subject matter
Criminal
Provisions referred to
S. 497---K; S. 9; Narcotic Substances Act (XXXI of 2019)

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

Mst. HUSNA BIBI VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 9(d)---Possession of narcotics---Bail, grant of---Non-availability of report of Forensic Laboratory---Scope---Accused was alleged to have been found in possession of 3280 grams of heroin---Complainant had found the accused standing on roadside with a shopping bag in her hand---Shopping bag was searched on suspicion wherefrom allegedly narcotics were recovered---Accused, a lady was searched by police on public road in presence of all male police personnel, the norms of decency could not have been observed---Question was that how the accused, who was pregnant of six months, was searched on roadside where there was no prior information of her being involved in trafficking narcotics---Accused was sent to women police station after a delay of 3 hours during which she remained in exclusive male police custody as no female constable was shown to have been associated with the proceedings---Situation was extremely intolerable, undesirable and against the statute and executive directions---Despite lapse of 65 days, the prosecution had failed to produce the Forensic Laboratory's report of the contraband allegedly recovered from the accused---Bail petition was allowed, in circumstances. Head NotesCase Description

Other judgments reported in 2022 PCRLJ

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