Hair Biyar Khan vs State S — 2026 MLD 633 QUETTA-HIGH-COURT-BALOCHISTAN

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Hair Biyar Khan VS State S. 497---Control of Narcotic Substances Act (XXV of 1997) [as amended by Control of Narcotic Substances (Amendment) Act (XX of 2022)], S. 9(1), Sr. No. 3(c)---Possession of chars---Bail, grant/dismissal of---Allegation against the accused-applicant was that 2000-grams chars was recovered from beneath the driver seat of the jeep being driven by the applicant---Perusal of record revealed that the accused was driving the vehicle, while the co-accused was found sitting on the front seat---Inchargeof the vehicle was always considered to be the driver of the vehicle and he was held responsible for recovery of any sort of article from the said vehicle---Driver of the vehicle could not be absolved from the liability, if substances were transported in the vehicle being driven by him---On tentative assessment of the record, prima facie it appeared that the accused applicant was found seated on the driving seat of the vehicle and recovery of 2000-grams chars was also effected from beneath the driving seat---Offence fell within the ambit of prohibitory clause of S.497(1),Cr.P.C., which was not only heinous, but also non-bailable---Therefore, Court was not inclined to grant bail to accused applicant and to his extent the bail application was dismissed---Record transpired that the co-accused was seated on the front seat of vehicle and nothing had been recovered from his exclusive possession rather the contraband was recovered from beneath the driving seat---Under such circumstances, the case of the said co-accused fell within the ambit of further inquiry, thus the innocence or guilt of said co-accused was yet to be determined, which could only be determined after recording evidence---Bail application to the extent of said co-accused was allowed, in circumstances. Citation Name: 2026 MLD 633 QUETTA-HIGH-COURT-BALOCHISTANBookmark this Case Hair Biyar Khan VS State S. 497---Bail order---Observations of the Court---Scope---Observations made in the bail order are tentative in nature, and same shall not influence the merits of the case at the trial.

Hair Biyar Khan vs State S — 2026 MLD 633 QUETTA-HIGH-COURT-BALOCHISTAN

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