Citation Name: 2024 YLR 244 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD IMTIAZ vs State S — 2024 YLR 244 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 244 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 244 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD IMTIAZ vs State S
Subject matter: Criminal
Provisions referred to: S. 497---K; S. 11-B---P; S. 161; S. 497; 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

Citation Name: 2024 YLR 244 PESHAWAR-HIGH-COURTBookmark this Case MUHAMMAD IMTIAZ VS State S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.11-B---Possession of narcotic substance weighing 2000 grams---Bail, refusal of---Recovery of huge quantity of heroin---Contention of the petitioner accused was that the FIR number was different in the card of his arrest from original FIR number---Validity---Record revealed that the petitioner/accused had been shown arrested red handedly from the driving seat and huge quantity of contraband/ heroin weighing 2000 grams was recovered from the secret cavities made in the front door of the vehicle-in-question which was in his exclusive possession and control---Petitioner/ accused, prima facie, was in conscious knowledge of the availability of contraband in the vehicle---Investigation Officer (Inspector) while appearing before the High Court had admitted his fault regarding mentioning the wrong FIR number in the card of arrest instead of original FIR number, therefore, the accused may agitate the same during the evidence of prosecution witnesses---Statements of recovery proceedings recorded under S. 161 of the Criminal Procedure Code, 1898, supported the version of the Seizing officer---Prosecution witnesses had no ill-will or enmity with the petitioner/ accused---Positive FSL Report of the heroin further supported the prosecution version---Punishment provided for the offence fell within prohibitory clause of S. 497 of the Criminal Procedure Code, 1898---No case of further enquiry had been made out by the petitioner/ accused---Bail was refused to the petitioner/accused, in circumstances.

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