Citation Name: 2023 MLD 32 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SADIQ alias SADIQ vs State S — 2023 MLD 32 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 32 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 32 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SADIQ alias SADIQ vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 27; S. 31; S. 164; 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

Citation Name: 2023 MLD 32 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD SADIQ alias SADIQ VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(1)(d), 27 & 31---Possession of narcotics---Power to issue warrants---Mode of making searches and arrest---Bail, grant of---Scope---Accused was charged for having been in possession of 5000 grams of heroin as well as chemical weighing 5000 grams---Police had allegedly conducted a raid on the accused person's house but neither any search warrant under S. 27 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 was obtained nor any lady constable was accompanied by raiding party at the time of raid---No independent witness had been associated by local police at the time of raid, which was mandatory under S. 31 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---As per contents of FIR, the information was brought into the notice of high-ups by local police but there was nothing in black and white which could confirm the version of the prosecution---No other family member of the accused was arrested during raid of the house nor shown present at the relevant time---No document qua ownership of the house was available on file; which could suggest that the said house was ownership of accused---Accused, when produced before Magistrate, had recorded his statement under S. 164, Cr.P.C., wherein he had attributed maliciousness to the complainant---Nothing was available on record qua previous conviction or involvement of accused in such like offences, which could suggest that accused was a habitual offender, repeating the same offence---Accused was admitted to bail.

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