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SHAHZAD vs State S — 2022 PCrLJN 12 PESHAWAR-HIGH-COURT

Case information

Citation
2022 PCrLJN 12 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2022
Parties
SHAHZAD vs State S
Subject matter
Criminal
Provisions referred to
S. 497---P; S. 9---K; S. 15---A; Penal Code (XLV of 1860); 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

SHAHZAD VS State S. 497---Penal Code (XLV of 1860), Ss. 324 & 353---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 9---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Attempt to commit qatl-i-amd---Assault or criminal force to deter public servant from discharge of his duty---Transportation of narcotics---Unlicensed possession of arms---Bail, grant of---Non-availability of report of Forensic Laboratory---Un-natural conduct---Scope---Allegation against accused was that on being signaled to stop, he pulled out his pistol and started firing at police party---Police party also retaliated in their self-defence, as a result of which the accused got hit and fell down---Police recovered one .30 bore pistol without number, spare magazine containing two live rounds of same bore and 500 grams charas from his possession---Held; accused was charged by the complainant for firing upon the police but none from the complainant party had got injured---So far as the recovery of 500 grams of charas was concerned, the result of Forensic Laboratory regarding samples was not available on record despite lapse of more than a month---Pistol allegedly recovered from the accused was not sent to the Forensic Laboratory---Petition for grant of bail was allowed, in circumstance. Head Notes

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