Syed ZULFIQAR SHAH vs State S — 2022 SCMR 1450 SUPREME-COURT

Case information

Citation: 2022 SCMR 1450 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2022
Reporter: SCMR
Parties: Syed ZULFIQAR SHAH vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 20---C; Narcotic Substances Act (XXXI of 2019); 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

Syed ZULFIQAR SHAH VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 27---Control of Narcotic Substances Act (XXV of 1997), S. 20---Constitution of Pakistan, Art. 185(3)---Sale of charas (narcotic)---Bail, refusal of---Raid conducted at a dwelling house without a search warrant---Directory nature of section 27 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 ('the 2019 Act')---Whether non-compliance with section 27 of the 2019 Act would render the recovery of narcotics as inadmissible---Held, that provisions of section 27 of the 2019 Act, which are identical to the provisions of section 20 of the Control of Narcotic Substances Act, 1997 ('the 1997 Act'), are also directory in nature, and their noncompliance though may entail departmental disciplinary action or penal action or both against the delinquent police official, but do not affect the admissibility of the fact of recovery of the narcotics in evidence before the Trial Court---Where a warrant was not obtained in a case within the prohibitory clause of section 497, Cr.P.C., it was not a sufficient ground to grant bail---Petition for leave to appeal was dismissed and accused was refused bail. Head NotesCase Description

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