2023 PLP 363 (YLR)
MOSA KHAN — Petitioner Versus The STATE — Respondent
| Citation | 2023 PLP 363 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | MOSA KHAN — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2023 PLP 363 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2023 PLP 363 (YLR)?
The case was heard and decided by the Peshawar bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2023 PLP 363 (YLR) (MOSA KHAN — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Zohra Durrani and Qazafi Durrani for Petitioner.
Headnotes / Summary
S. 497
Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d) & 11(c)
Trafficking of narcotics
Possession of methamphetamine
Conscious knowledge of accused
Scope
Accused was charged for trafficking 10,000 grams of heroin and 6000 grams of amphetamine and possessing 20 grams of heroin and 10 grams of ice
Accused was found sitting on front seat of the vehicle at the time of recovery
Nothing was available on the case file to show that either the accused was privy to the bid of smuggling or was having any slightest conscious knowledge about presence of the recovered contraband in the car so as to show his nexus with the foiled attempt of the smuggling
Accused person's participation in the crime needed further inquiry
Tewenty grams of heroin and 10 grams of ice was recovered from direct possession of the accused but meager quantity of contraband would not be made a basis to dub him as co-smuggler of the narcotics which was subject matter of the case
Accused had made out a case for the purpose of his release on bail
Petition for grant of bail was allowed.
Judgment & Decree
LAL JAN KHATTAK, J.
Petitioner Mosa Khan son of Tor Gul alias Noor Gul through the instant petition seeks his release on bail in case FIR No. 1533 dated 03.08.2021 under sections 9D and 11C of the Khyber Pakhtunkhwa Narcotic Substances Act, 2019, registered against him at Police Station, Pishtakhara, Peshawar, wherein he is charged for trafficking 10,000 grams heroin and 6000 grams amphetamine and possessing 20 gram heroin and 10 gram Ice.
2. Arguments heard and available record gone through.
3. True that huge quantity of narcotic has been recovered from secret cavity made in diggi of the motorcar which was in full control and possession of co-accused Muhammad Rafiq but noticeable aspect of the case is that the petitioner was found sitting on front seat of the vehicle at the time of recovery. There is nothing on the case file to show that either the petitioner was privy to the bid of smuggling or was having any slightest conscious knowledge about presence of the recovered contraband in the car so as to show his nexus with the foiled attempt of the smuggling. Thus his participation in the crime needs further consideration. No doubt 20 gram heroin and 10 gram ice has been recovered from direct possession of the petitioner but ibid meager quantity of contraband would not be made a base to dub him as co-smuggler of the narcotic which is subject matter of the instant case.
4. Tentative assessment of the available record shows that the petitioner has made out a case for the purpose of his release on bail, therefore, this petition is allowed and it is directed that he be released on bail provided he furnishes bail bonds in the sum of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of Illaqa Magistrate, who shall ensure that the sureties are local, reliable and men of means. SA/98/P Bail granted.