Citation Name: 2024 YLR 701 PESHAWAR-HIGH-COURTBookmark this Case IJAZ KHAN vs State S — 2024 YLR 701 PESHAWAR-HIGH-COURT

Case information

Citation: 2024 YLR 701 PESHAWAR-HIGH-COURT
Court: Peshawar High Court
Year: 2024
Reporter: YLR
Parties: Citation Name: 2024 YLR 701 PESHAWAR-HIGH-COURTBookmark this Case IJAZ KHAN vs State S
Subject matter: Criminal
Provisions referred to: S. 497---; S. 2; S. 9; S. 497; Khyber Pakhtunkhwa Narcotic Substances Act (XXXI of 2019); Khyber Pakhtunkhwa Narcotic Substances Act; 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 701 PESHAWAR-HIGH-COURTBookmark this Case IJAZ KHAN VS State S. 497--- Khyber Pakhtunkhwa Narcotic Substances Act (XXXI of 2019), Ss. 2 (aj), 9 & 11(b)---Possession of 250 grams of contraband/ICE---Bail, grant of---Kind of ICE yet to be determined---Forensic Science Lab Report ('FSL') not procured---Deficiency in transit of recovery---Although there was allegation of recovery of 250 grams of ICE from the possession of petitioner/ accused, however, Murasila was silent about the Police Officials who were accompanying the complainant at the time of patrolling of the area and it was also not clear whether the sample/ parcel was taken to the Malkhana of Police Station by the complainant himself or it was handed over to any other Police Officer/Official, hence safe and secure transit at bail stage was not forthcoming, unless proved otherwise during trial---As per concerned Receipt Rahdari, the samples were dispatched after 5 days of alleged recovery, but after lapse of some 20 days the F.S.L Report had not yet been procured/received to support the prosecution's version that the recovered sample was actually ICE---Thus, at bail stage, it could not be determined whether alleged recovered contraband was Methamphetamine or Amphetamine---If after analysis by the chemical analyst that the substance received by them was Amphetamine then as per its definition in S. 2(aj) of the Khyber Pakhtunkhwa Narcotic Substances Act, 2019 ('the Act 2019') amphetamine having being declared as psychotropic substance, would be covered under S. 9 of the Act, 2019, with maximum punishment of 7 years, thus would not fall within the prohibitory clause of S. 497 of Criminal Procedure Code, 1898---Case for grant of bail had been made out in favour of the petitioner/accused---Bail was allowed, in circumstances.

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