Citation Name: 2024 YLR 1838 PESHAWAR-HIGH-COURTBookmark this Case Musa Khan Shinwari vs State S

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Citation Name: 2024 YLR 1838 PESHAWAR-HIGH-COURTBookmark this Case Musa Khan Shinwari VS State S. 9(d)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Transportation of narcotics---Appreciation of evidence---Applicability of Control of Narcotics Substances Act, 1997---Prosecution case was that 9315 grams heroin, 10415 grams hashish, 70681 grams opium and 4460 grams methamphetamine were recovered from the secret cavities of the vehicle of accused---As per contents of FIRs, huge cache of narcotics consisting of Heroin, Hashish, Opium, Methamphetamine (ICE), had been shown recovered from vehicle entering into Pakistan via Torkham Terminal by the Customs Officials being driven by the accused---Resultantly, FIRs under Ss. 6, 7, 8 & 9 of the Control of Narcotic Substances Act, 1997 were registered against the accused followed by submission of challans---However, during trial, the Trial Court indicted the appellants under S.9 (d) of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---Admittedly, record was silent for doing such exercise---Though under S.59 of the Act, 2019, Control of Narcotic Substances Act, 1997, had been repealed but to the extent of cultivation, possession, selling, purchasing, delivery and transportation etc "within the Province of the Khyber Pakhtunkhwa"---Words "within the Province to the extent of the Khyber Pakhtunkhwa" were of paramount importance which excluded the applicability of the Act, 2019, to the present cases as in said cases huge quantity of narcotics of various kinds being smuggled from Afghanistan to Pakistan was seized at Torkham border at Import Terminal, therefore, the provisions of the Act of 1997 would be applicable---Cases had rightly been registered under the relevant provisions of the Act of 1997---Trial Court had misconstrued the situation, thus landed into the field of error by trying the accused under the Act of 2019---Accordingly, convictions and sentences of the accused recorded by the Trial Court vide impugned judgments were set aside and cases were remanded to the Trial Court for trial de novo---Appeal was disposed of accordingly.

Citation Name: 2024 YLR 1838 PESHAWAR-HIGH-COURTBookmark this Case Musa Khan Shinwari vs State S — 2024 YLR 1838 PESHAWAR-HIGH-COURT

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