NDUKWE UDOKA PETER vs State S — 2025 SCMR 1657 SUPREME-COURT

Case information

Citation: 2025 SCMR 1657 SUPREME-COURT
Court: Supreme Court of Pakistan
Year: 2025
Reporter: SCMR
Parties: NDUKWE UDOKA PETER 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

NDUKWE UDOKA PETER VS State S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(b)---Constitution of Pakistan, Art. 185(3)---Possession of narcotic substance---Bail, grant of---Further inquiry---Perusal of the contents of the FIR showed that 680-grams heroin was allegedly recovered from the possession of petitioner---Record showed that, despite the existence of spy information, no independent witness was present to witness the purported recovery and no video was produced to substantiate the allegation of the narcotic being recovered from the petitioner's possession---In addition to the petitioner's detention, his companion was also apprehended on the same charges---Petitioner's counsel in support of his contention also placed on record the CCTV footage and photographs in this matter---This case warranted judicial scrutiny for the purpose of determining bail due to its distinctive facts and circumstances---Petitioner's consistent allegations of false implication, alleged prior harassment, confiscation of CCTV evidence, absence of independent witnesses and the prompt filing of complaints before Senior Police Officials suggested that the case warranted further investigation---Moreover, the quantity recovered, although substantial, did not reach commercial levels and raid was not conducted in the presence of neutral witnesses or substantiated by any video evidence---Petition was converted into an appeal and allowed and petitioner was granted post-arrest bail.

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