Citation Name: 2023 YLR 171 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA vs State S — 2023 YLR 171 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 171 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 171 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 9; Narcotic Substances Act (XXXI of 2019)

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 YLR 171 PESHAWAR-HIGH-COURTBookmark this Case Mst. NADIA VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 9(d)---Transportation of narcotics---Bail, grant of---Accused, sitting in rear seat---Accused, a pregnant lady and another having suckling baby---Scope---Accused ladies were allegedly sitting in the rear seat of a vehicle from the secret cavities of which 18 packets of charas each weighing 1200 grams and 5 packets of opium each weighing 1200 grams were recovered--- No contraband / narcotic was shown to be recovered from personal/direct possession of the accused persons---Recovery of narcotics had been shown from secret cavities of the motorcar---Only circumstance against the accused persons was that they were travelling in the aforesaid motorcar driven by co-accused---In absence of any clear evidence/material on record to prima facie establish conscious knowledge of the accused qua the concealed narcotics or their nexus with the driver, their participation in the commission of offence required further probe---One of the accused persons was pregnant of 21 weeks, whereas, the other had a suckling baby of 2 years---Accused persons were admitted to post-arrest bail, in circumstances.

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