Citation Name: 2023 MLD 643 PESHAWAR-HIGH-COURTBookmark this Case AKHTAR MUHAMMAD vs State S — 2023 MLD 643 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 MLD 643 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: MLD
Parties: Citation Name: 2023 MLD 643 PESHAWAR-HIGH-COURTBookmark this Case AKHTAR MUHAMMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; 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 643 PESHAWAR-HIGH-COURTBookmark this Case AKHTAR MUHAMMAD VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 11(b)---Possession of narcotics---Bail, grant of---Contradictory evidence---Un-natural conduct---Non-association of independent witnesses---Scope---Accused sought bail after arrest in an FIR lodged under Ss. 9(d) & 11(b) of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---Contraband, as per FIR, was recovered on 29.8.2021 while according to the entries made in Register XIX (Store-Room Register), the contraband was recovered on 28.8.2021---Such contradiction in the documents had put the case against accused under heavy doubt---Site plan showed that place of occurrence was a public place where the police squad/party could be noticed from a considerable distance---In such situation, despite having a vehicle, no attempt on the part of accused for his escape was made---Recovery of narcotics from the fuel tank of the vehicle, without disclosing the alternate source enabling the vehicle to move, was a debatable question to be resolved by the Trial Court---No independent witness had been associated with the alleged recovery---Investigation was complete and the accused was no more required to the prosecution for the very purpose, therefore, his further incarceration in jail would not serve any useful purpose---Bail petition was accepted, in circumstances.

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