2017 P Cr (PLP)
HAROON KHAN and another — Petitioners Versus The STATE — Respondent
| Citation | 2017 P Cr (PLP) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | HAROON KHAN and another — Petitioners Versus The STATE — Respondent |
| Primary Law | (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2017 P Cr (PLP)?
This judgment primarily cites: (b) Criminal Procedure Code (V of 1898), (a) Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2017 P Cr (PLP)?
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: 2017 P Cr (PLP) (HAROON KHAN and another — Petitioners Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Arshad Hussain Yousafzai for Petitioners.
Headnotes / Summary
S. 497
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Possession of narcotic substance
Prosecution story was that 8400 grams charas was recovered from the vehicle driven by accused and co-accused was accompanying him in the vehicle
Accused being driver of the vehicle had its full control, as such, he could not be exonerated from the liability
Reasonable grounds existed for believing that accused had committed an offence, which fell within the restrictive limbs of S. 497(1), Cr.P.C.
Bail was declined to the extent of accused.
S. 497
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Possession of narcotic substance
Prosecution story was that 8400 grams charas was recovered from the vehicle driven by accused and co-accused was accompanying the accused in the vehicle
Co-accused was sitting in the vehicle and to see as to whether he had conscious knowledge about the concealment of narcotics in the vehicle in which, he was sitting, was the question, which was to be determined by the Trial Court after recording evidence
Case of co-accused was that of further inquiry
Co-accused was allowed bail in circumstances.
Judgment & Decree
SYED AFSAR SHAH, J.
On their failure to obtain bail from the fora below, Haroon and one other, the petitioners, who are accused in case FIR No. 355 dated 17.11.2016 under section 9(c), C.N.S.A. of Police Station, Jarma, Kohat, have come to this Court for their release on bail.
2. The allegation against the accused-petitioners as per FIR, referred to above, are that they were found in possession and trafficking of charas, weighing 8400 grams, in a Car bearing registration No. LX 232/Islamabad.
3. Arguments heard and record perused.
4. It appears from the available record that on 17.11.2016 Abdus Sattar, SHO of Police Station, Jarma, along with police nafri has made nakabandi on main highway near Muslim Abad, when in the meanwhile, a Car bearing registration No LX 232/Islamabad was stopped for the purpose of checking. Two persons were sitting in the Car, who were subjected to a thorough search, but nothing was recovered from their immediate possession, however, the search of the vehicle led to the recovery of charas, weighing 8400 grams. While going through the record, most particularly, the site plan one could observe that the Car was driving by co-accused Haroon and so far as petitioner-accused Muhammad Saeed is concerned, he was sitting in the front seat of the vehicle. So far as the accused-petitioner Haroon Khan is concerned, being driver of the vehicle, he was having its full control and, as such, at this stage, he could not be exonerated from the liability.
5. In view of the recovery of charas, weighing 8400 grams, from the vehicle, which was driving by accused-petitioner Haroon Khan, reasonable grounds exists for believing that he has committed an offence, which comes within the restrictive limbs of section 497(1), Cr.P.C. and such being the position, the petition for the grant of bail to his extent stands dismissed.
6. So far as petitioner-accused Muhammad Saeed is concerned, as is evident from the record he was sitting in the front seat of the vehicle and to see as to whether he was having conscious knowledge about the concealment of narcotics in the Car in which he was sitting, is the question which is to be determined by the trial Court after recording the evidence.
7. On tentative assessment of the available record, scope of further inquiry is there into the guilt of the accused- petitioner Muhammad Saeed and this being so, the petition for the grant of bail to his extent is allowed, and, accordingly, he is admitted to bail on furnishing bail bonds amounting to Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate/MOD, who shall ensure that the sureties are local, reliable and men of means. The petition is partially allowed. JK/18/P Order accordingly.