Bakhtawar vs State S — 2026 YLR 557 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2026 YLR 557 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2026
Reporter: YLR
Parties: Bakhtawar vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; 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

Bakhtawar 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 and transportation of narcotic substances---Bail grant of---Further inquiry---Prosecution case was that two slabs of charas weighing 2040 grams was recovered from the possession of the accused-applicant---Record transpired that the raiding team had failed to record recovery process on video despite receiving prior information regarding the applicant (accused) being companion of another culprit from whose possession contraband was recovered on the said date of incident---Even otherwise, Art. 164 of Qanun-e-Shahadat, 1984, specifically permitted the usage of modern devices---Admittedly, the investigation had already been completed by submitting the challan and other incriminatory evidence in the Trial Court, meaning there probe or interrogation---Even otherwise, the recovery of contraband from the exclusive and conscious possession of the applicant (accused) was yet to be established during trail, which required recording of complete evidence, as such, till then the case of applicant (accused) fell within the ambit of further inquiry---When acase of further inquiry is made out, the concession of bail can be extended in favour of accused person, as a matter of right---Bail petition was allowed, in circumstances.

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