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AMIR MUHAMMAD SIDDIQ vs State S — 2023 PCrLJN 10 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 10 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
AMIR MUHAMMAD SIDDIQ vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 9; Narcotic Substances Act (XXV of 1997)

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

AMIR MUHAMMAD SIDDIQ VS State S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Export of narcotics---Bail, grant of---Scope---Conscious knowledge---Scope---Prosecution case was that the accused persons had exported a container wherein 1500 kilograms of heroin was concealed---Investigating Officer had approached the foreign crime agency for retrieving of informative documents and samples of case property through e-mails but the same agency which had recovered narcotic substance had not responded to the request of Investigating Officer---Prosecution was neither in possession of alleged recovered heroin nor any positive report of chemical analysis---Even it was not known if the alleged heroin was sent for chemical analysis or not after being detected from the alleged container---Prosecution had to establish the requisite "conscious knowledge" of the accused persons about the presence of heroin in the consignment---Consignment had passed about nine ports before being targeted by the foreign customs and it was not clear as to when and where heroin was concealed or replaced in journey after leaving Pakistan and who was the owner, master mind, seller and purchaser of the alleged recovered heroin---Case of accused persons was one of further inquiry---Accused persons were admitted to post-arrest bail, in circumstances.

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