HAMID ULLAH vs STATE S — 2026 YLR 229 PESHAWAR-HIGH-COURT

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

HAMID ULLAH VS STATE S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S. 11(b)---Khyber Pakhtunkhwa Arms Act (XXIII of 2013), S. 15---Possession of narcotic substances and illicit weapon---Bail, grant of--- Prosecution case was that 510-grams Ice along with Kalashnikov and rounds were recovered from the accused/petitioner--- Perusal of the record revealed that the recovery was allegedly effected on 13.10.2024, while the sample parcel of the recovered methamphetamine was sent to the Forensic Science Laboratory on 23.10.2024--- Relevant provision that related to the dispatch of samples for testing or analysis to the Forensic Science Laboratory was contained in Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001, which provided that the samples might be dispatched for analysis under the cover of a test memorandum specified in Form-I at the earliest, but not later than seventy-two hours after the seizure--- In the instant case, the sample parcel was sent to the Forensic Science Laboratory beyond seventy-two hours after its seizure--- Moreover, a copy of Register-XIX was available on the record, however, it did not reveal the name of the Police Official who transmitted the sample parcel to the Forensic Science Laboratory--- Therefore, the prosecution was yet to establish not only the factum of the recovery, but also its safe custody and secure transmission to the Forensic Science Laboratory--- Said discrepancy made the instant case arguable for the purpose of bail--- As far as the offence under Section 15 of the Khyber Pakhtunkhwa Arms Act, 2013, was concerned, suffice it to say that it did not attract the prohibition contained in Section 497, Cr.P.C., and the grant of bail in such cases was the rule, while refusal was an exception--- However, there was nothing on the record which could bring the instant case within the exceptional limb of that provision--- Petition was allowed, in circumstances.

HAMID ULLAH vs STATE S — 2026 YLR 229 PESHAWAR-HIGH-COURT

Case information

Judgment text as reported

Other judgments reported in 2026 YLR