Citation Name: 2024 YLR 1882 PESHAWAR-HIGH-COURTBookmark this Case Qasam Khan vs State Ss

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Citation Name: 2024 YLR 1882 PESHAWAR-HIGH-COURTBookmark this Case Qasam Khan VS State Ss. 2(e) & 9(d)---Possession of narcotics---Authorized Officer---Scope---Power to make search, seizure and arrest---Control of Narcotic Substances Act, 1997 ("Act of 1997"), was promulgated in the year 1997 and made applicable and extendable throughout Pakistan---Subsequently, in year 2019 the Government of Khyber Pakhtunkhwa enacted and promulgated the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 ("Act of 2019"), vide notification dated 4th September, 2019, and the same was made applicable and extendable to the Province of the Khyber Pakhtunkhwa---Though under S.59, of the 2019 Act, the Act of 1997 had been repealed but only to the extent of cultivation, possession, selling, purchasing, delivery and transportation etc within the Province of Khyber Pakhtunkhwa---Section 59 (ibid) did not specifically provide about repealing of rest of the provisions of the Act of 1997---Sections 21 & 23 of the Act of 1997 are similar to a great extent with Ss. 28 & 30 of the Act of 2019, as both speak about the power of entry, search, seizure and arrest of accused without warrant and power to stop and search conveyance by an Authorized Officer---As per S.2(e) of the Act, 2019 an Authorized Officer means an Officer of the Directorate General, not below the rank of Sub-Inspector, authorized by the Director; or a Police Officer/Official not below the rank of Sub-Inspector, authorized by the Regional Police Officer, or an Officer or Official of the ANF, not below the rank of Sub-Inspector, authorized by the Regional Director---However, arrest of accused in possession of narcotics by a Police Officer below the rank of Sub-Inspector would not vitiate the prosecution case, rather the competent Court would proceed to determine the guilt or innocence of the accused on the basis of evidence, irrespective of the manner in which he was brought before the Court.

Citation Name: 2024 YLR 1882 PESHAWAR-HIGH-COURTBookmark this Case Qasam Khan vs State Ss — 2024 YLR 1882 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2024 YLR