IRFAN vs State S — 2022 PCrLJ 945 PESHAWAR-HIGH-COURT

Case information

Citation: 2022 PCrLJ 945 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2022
Reporter: PCRLJ
Parties: IRFAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 9---R; S. 9; S. 497; Narcotic Substances Act (XXXI of 2019); 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

IRFAN VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 9---Recovery of 1050 grams of Crystal methamphetamine (ICE) from the possession of accused---Bail, refusal of---1050 grams of amphetamine was shown recovered from the accused-petitioner---Recovered substance was subjected to physical and chemical analysis, its test revealed the sample as 'amphetamine'---In view of the clear wordings of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (the Act) amphetamine being declared as psychotropic substance, as such, its punishment would be dealt with under the provisions of S. 9 of the Act---In terms of S. 9(d) of the Act, if the quantity of narcotic substance exceeded the limit of 01 KG, the punishment provided was death, imprisonment for life or imprisonment for a term which might be extended to 14 years and with fine---Case of the accused-petitioner was, thus, hit by the prohibitory clause of S. 497, Cr.P.C, besides, as demonstrated by the Chemical Examiner before the court that amphetamine was also a controlled drug and being locally manufactured, it was a most dangerous to the human health---Bail application was dismissed, in circumstances. Head NotesCase Description

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