NOOR MUHAMMAD vs State S — 2024 MLD 472 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 MLD 472 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: MLD
Parties: NOOR MUHAMMAD vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 9; S. 161; S. 497; Khyber Pakhtunkhwa Narcotic Substances Act (XXXI of 2019); Criminal Procedure Code

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

NOOR MUHAMMAD VS State S. 497---Khyber Pakhtunkhwa Narcotic Substances Act (XXXI of 2019), S.9(c)---Possession of Charas and ICE (Methamphetamine)---Bail, refusal of---Total 16 packets of Charas and methamphetamine (total 4.750 KG) were recovered from trunk of the motorcar boarding the petitioner / accused which was driven by another accused ('driver')---Record revealed that the petitioner/accused was in the front-seat of the vehicle, meaning thereby prima facie he was in league with driver(co-accused)---Recovery of huge quantity of Charas and ICE weighing 13.800 KG and 4.75 KG respectively had been recovered from the trunk of the vehicle at the pointation of petitioner / accused and the driver of the motorcar-in-question---Said recovery had further been affirmed through Report of Forensic Science Laboratory (' FSL Report') which was positive---Petitioner / accused had also not disclosed the purpose of his arrival at city of occurrence (Peshawar) from his native province (Sindh)---Statements of recovery witnesses recorded under S.161 of the Criminal Procedure Code, 1898 and positive FSL report supported the version of the Seizing Officer---Nothing was on record to show any ill-will or enmity of the Police with the petitioner / accused---Offence for which the petitioner/accused was charged fell within the prohibitory clause of S. 497, Cr.P.C.---No case of further inquiry had been made out by the petitioner / accused for the grant of bail---Bail was declined to the petitioner, in circumstances.

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