Muhammad Hanif vs State S — 2025 MLD 1955 Gilgit-Baltistan Chief Court

Case information

Citation: 2025 MLD 1955 Gilgit-Baltistan Chief Court
Year: 2025
Reporter: MLD
Parties: Muhammad Hanif vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 9; Narcotic Substances Act (XXV of 1997)

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

Muhammad Hanif VS State S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(1), S.Nos. 3(c), 15---Possession of narcotic substance---Bail, grant of---Further inquiry---Allegations against the petitioner-accused were that 1000-grams chars was recovered from the vehicle driven by the co-accused of the present petitioner-accused---Record showed that the petitioner/accused was travelling in a vehicle which was driven by co-accused of the present petitioner/accused by getting lift from him---Contraband narcotic/charas was recovered from beneath of driving seat and no contraband narcotic had been shown recovered from direct possession of the petitioner/accused---Recovery of chars had been shown from secret cavities/beneath driving seat of vehicle/car which was driven by the co-accused of the present petitioner---Only circumstance/allegation against the petitioner was that he was travelling in the said vehicle driven by the driver/co-accused---In absence of any clear evidence on record prima-facie establishing conscious knowledge of the petitioner to the extent of concealed narcotic/chars or his nexus with the driver/co-accused, his participation in the commission of offence required further inquiry---Hence, petitioner was entitled for concession of bail---Furthermore, there was nothing in record to show that the petitioner/accused was previously convicted or had been arrested in the case of similar nature in past---Bail petition was allowed, in circumstances.

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