2024 PLP 472 (MLD)
NOOR MUHAMMAD — Petitioner Versus The STATE — Respondent
| Citation | 2024 PLP 472 (MLD) |
| Forum / Court | Peshawar |
| Bench Members | N/A |
| Parties | NOOR MUHAMMAD — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2024 PLP 472 (MLD)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2024 PLP 472 (MLD)?
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: 2024 PLP 472 (MLD) (NOOR MUHAMMAD — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Yasar Khan Safi for Petitioner.
- 3. Arguments of learned counsel for petitioner and learned Special Prosecutor ANF heard and available record gone through.
Headnotes / Summary
S. 497
Khyber Pakhtunkhwa Narcotic Substances Act (XXXI of 2019), S.9(c)
Possession of Charas and ICE (Methamphetamine)
Total 16 packets of Charas and methamphetamine (total 4.750 KG) were recovered from trunk of the motorcar boarding the petitioner / accused which was driven by another accused ('driver')
Record revealed that the petitioner/accused was in the front-seat of the vehicle, meaning thereby prima facie he was in league with driver(co-accused)
Recovery of huge quantity of Charas and ICE weighing 13.800 KG and 4.75 KG respectively had been recovered from the trunk of the vehicle at the pointation of petitioner / accused and the driver of the motorcar-in-question
Said recovery had further been affirmed through Report of Forensic Science Laboratory (' FSL Report') which was positive
Petitioner / accused had also not disclosed the purpose of his arrival at city of occurrence (Peshawar) from his native province (Sindh)
Statements of recovery witnesses recorded under S.161 of the Criminal Procedure Code, 1898 and positive FSL report supported the version of the Seizing Officer
Nothing was on record to show any ill-will or enmity of the Police with the petitioner / accused
Offence for which the petitioner/accused was charged fell within the prohibitory clause of S. 497, Cr.P.C.
No case of further inquiry had been made out by the petitioner / accused for the grant of bail
Bail was declined to the petitioner, in circumstances.
Judgment & Decree
MOHAMMAD IBRAHIM KHAN, J.
Petitioner Noor Muhammad son of Ahmad Warsi implicated in case FIR No. 14/2022 dated 02.03.2022 under section 9-C/15 CNSA, 1997 registered at Police Station ANF, RD, KP, Peshawar seeks his release on bail. Prior to approaching this court, he had filed an application for the same relief before the court of learned Additional Sessions Judge -XIII, Peshawar however, the same was dismissed on 08.10.2022.
2. The contents of murasila are that on 02.03.2022, complainant Inspector Shafiq Ahmad Khan received spy information that inter provincial drug smugglers namely Irshad Ali and Noor Muhammad would smuggle huge quantity of contraband through yellow color Suzuki Mehran bearing registration No. BRD-140. On earful, he along with other officials rushed to the spot where, the above stated motorcar was parked wherein, two persons were present, who were overpowered. The person sitting on driving seat disclosed his name as Irshad Ali whereas, the front seater as Noor Muhammad (accused-petitioner). Both of them identified the chars and methamphetamine in the diggi of the motorcar in question. On its search, 12 packets of chars each weighing 1150/1150 grams total 13.800 KG and 04 packets of methamphetamine each weighing 950/950 grams total 4.750 KG hence, the present FIR.
3. Arguments of learned counsel for petitioner and learned Special Prosecutor ANF heard and available record gone through.
4. It is true that the accused-petitioner is front seater, who was present in the vehicle meaning thereby prima-facie he was in league with driver. The recovery of huge quantity of chars and Ice weighing 13.800 and 4.75 KG respectively have been recovered from the diggi of the vehicle at the pointation of accused-petitioner Noor Muhammad and driver Irshad Ali, which recovery have further been affirmed through report of Forensic Science Laboratory which is in positive. The accused-petitioner has also not disclosed the purpose of his arrival to Peshawar from his native province Karachi. Statements of recovery proceedings recorded under section 161, Cr.P.C. and positive FSL report support the version of the Seizing Officer. Nothing is available on record to show any ill will or enmity of the police with the petitioner. The offence for which the accused-petitioner is charged fall within the prohibitory clause of section 497, Cr.P.C. No case of further inquiry has been made out by the accused-petitioner for the grant of bail.
5. Resultantly, this petition, having no force, is hereby dismissed. Challan in the instant case has already been put in court therefore, it is expected that the learned trial court shall conclude the trial at the earliest. MQ/214/P Bail refused.