2020 PLP 356 (SCMR)
NAZEEM ULLAH and others — Petitioners Versus The STATE — Respondent
| Citation | 2020 PLP 356 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Manzoor Ahmad Malik and Qazi Muhammad Amin Ahmed, JJ |
| Parties | NAZEEM ULLAH and others — Petitioners Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 356 (SCMR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2020 PLP 356 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Manzoor Ahmad Malik and Qazi Muhammad Amin Ahmed, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 356 (SCMR) (NAZEEM ULLAH and others — Petitioners Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Nasrum Minallah, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate-on-Record for Petitioners.
- Arshad Yousafzai, Advocate Supreme Court on behalf of State.
Headnotes / Summary
(Against the order of the Peshawar High Court, Peshawar dated 21.08.2019 passed in Cr. Misc. B.A. No. 2472-P of 2019)
S. 497
Control of Narcotic Substances Act (XXV of 1997), S. 9(b)
Conscious knowledge/ possession of presence of narcotic yet to be determined
As per contents of FIR, at the time of raid, one co-accused fled away from the spot from the back door of baithak
Narcotic was recovered from a shopping bag, which was found from the center of the baithak
Question whether the accused and co-accused persons had the conscious knowledge or possession of the recovered narcotic substance shall be determined at the time of trial
Moreover, the offence alleged fell outside the prohibitory clause of S. 497, Cr.P.C.
Accused and co-accused persons were granted bail in circumstances. Arshad Yousafzai, Advocate Supreme Court on behalf of State.
Judgment & Decree
MANZOOR AHMAD MALIK, J.
Impugned herein is the order dated 21.08.2019, whereby petitioners were refused bail by the learned Peshawar High Court, Peshawar in case FIR No. 418 dated 06.08.2019, offence under section 9(b) of the Control of Narcotic Substances Act, 1997, registered at Police Station Gulberg, Peshawar.
2. After hearing the learned counsel for the petitioners at length and perusal of available record, it has been observed by us that as per contents of FIR, at the time of raid, one co-accused Malik Amjad fled away from the spot from the back door of Baithak. The amphetamine was recovered from a black colour shopping bag, which was found from the center of the Baithak. The question whether the petitioners had the conscious knowledge or possession of the recovered narcotic substance shall be determined at the time of trial. Moreover, the offence alleged falls outside the prohibitory clause of section 497, Code of Criminal Procedure. In these circumstances, the petitioners have made out a case for bail.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. Appellants Nazeem Ullah, Muhammad Yousaf and Aftab are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.200,000/- rupees two hundred thousand) each, with one surety each, in the like amount, to the satisfaction of the trial court. MWA/N-1/SC Bail granted.