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Citation Name: 2023 MLD 1935 PESHAWAR-HIGH-COURTBookmark this Case RAHAT GUL vs State S — 2023 MLD 1935 PESHAWAR-HIGH-COURT

Case information

Citation
2023 MLD 1935 PESHAWAR-HIGH-COURT
Court
Peshawar High Court
Year
2023
Reporter
MLD
Parties
Citation Name: 2023 MLD 1935 PESHAWAR-HIGH-COURTBookmark this Case RAHAT GUL vs State S
Subject matter
Criminal
Provisions referred to
S. 497---K; S. 15---P; S. 161; S. 497; 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

Citation Name: 2023 MLD 1935 PESHAWAR-HIGH-COURTBookmark this Case RAHAT GUL VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 11(d)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Possession of narcotics---Unlicensed possession of arms---Bail, grant of---Accused persons were alleged to have been found in possession of narcotics and unlicensed weapon---Neither the Baitak from which the alleged contraband was recovered, was in the ownership of accused nor the alleged contraband---Except pistol .30 bore and rounds nothing was recovered from his immediate possession---Rather the Baitak was in the ownership of main accused, which made the case of accused that of further inquiry---Recovery of weapon did not make the case one of refusal of bail---Bail petition to the extent of accused was allowed and he was admitted to bail, in circumstances. Citation Name: 2023 MLD 1935 PESHAWAR-HIGH-COURTBookmark this Case RAHAT GUL VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 11(d)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Possession of narcotics, unlicensed possession of arms---Bail, refusal of---Accused persons were alleged to have been found in possession of narcotics and unlicensed weapon---Baitak in question was in the ownership of the accused and huge quantity of narcotics was recovered from the same in his presence as well as presence of marginal witnesses; who in their statements under S. 161, Cr.P.C., had affirmed the version of prosecution qua recovery of narcotics from his baitak---Report of Forensic Laboratory also affirmed the version of prosecution, according to which the recovered contrabands were heroin and methamphetamine---Sufficient material was available on record which prima facie connected the accused with the commission of a heinous offence, falling under the prohibitory clause of S. 497, Cr.P.C.---Bail petition to the extent of accused was dismissed, in circumstances.

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