Citation Name: 2023 YLR 363 PESHAWAR-HIGH-COURTBookmark this Case MOSA KHAN vs State S — 2023 YLR 363 PESHAWAR-HIGH-COURT

Case information

Citation: 2023 YLR 363 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2023
Reporter: YLR
Parties: Citation Name: 2023 YLR 363 PESHAWAR-HIGH-COURTBookmark this Case MOSA KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---; 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 363 PESHAWAR-HIGH-COURTBookmark this Case MOSA KHAN VS State S. 497--- Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 11(c)---Trafficking of narcotics---Possession of methamphetamine---Bail, grant of---Conscious knowledge of accused---Further inquiry---Scope---Accused was charged for trafficking 10,000 grams of heroin and 6000 grams of amphetamine and possessing 20 grams of heroin and 10 grams of ice---Accused was found sitting on front seat of the vehicle at the time of recovery---Nothing was available on the case file to show that either the accused was privy to the bid of smuggling or was having any slightest conscious knowledge about presence of the recovered contraband in the car so as to show his nexus with the foiled attempt of the smuggling---Accused person's participation in the crime needed further inquiry---Tewenty grams of heroin and 10 grams of ice was recovered from direct possession of the accused but meager quantity of contraband would not be made a basis to dub him as co-smuggler of the narcotics which was subject matter of the case---Accused had made out a case for the purpose of his release on bail---Petition for grant of bail was allowed.

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