2006 PLP 1111 (YLR)
FAIZULLAH — Petitioner Versus THE STATE — Respondent
| Citation | 2006 PLP 1111 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Muhammad Raza Khan, J |
| Parties | FAIZULLAH — Petitioner Versus THE STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2006 PLP 1111 (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 2006 PLP 1111 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Muhammad Raza Khan, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2006 PLP 1111 (YLR) (FAIZULLAH — Petitioner Versus THE STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ghulam Hur Khan for Petitioner.
- Date of hearing: 30th June, 2005.
Headnotes / Summary
S.497
Control of Narcotic Substances Act (XXV of 1997), Ss.9(b)(c), 20 & 21
Bail, refusal of-Recovery of three plastic bags containing heroin, charas, bhang and opium weighing 30 grams, 600 grams, 800 grams and 50 grams respectively
Non association of private witnesses in process of recovery though police had previous information of the case
Combined weight of such contraband was nearer the border line of S.9(b) (c) of Control of Narcotic Substances Act, 1997
Witnesses for their non-cooperative attitude could not be associated in process of recovery of narcotics
Objection as to non-compliance of Ss.20 & 21 of Control of Narcotic Substances Act, 1997 could be raised at final stage of trial
Recovery of various items including 30 grants heroin, which was most dangerous specie of narcotics, confirmed that accused was having a retail outlet of all varieties of narcotics
Bail was refused to accused in circumstances. Muhammad Yaqoob Khan Marwat for the State.
Judgment & Decree
MUHAMMAD RAZA KHAN, J.
Petitioner Faizullah seeks his release on bail as he is arrested in F.I.R. No.117, Police Station, Paharpur dated 24-5-2005 on the ground of recovery of three plastic bags containing heroin, charas, bhang and opium weighing 30 grams, 600 grams, 800 grams and 50 grains respectively from his house.
2. Arguments heard and record perused.
3. Although private witnesses were not present despite the previous information of the case and the combined weight of the contraband recovered from the petitioner was nearer the border line of sections 9(b) and 9(c) of the Control of Narcotic Substances Act but the fact of recovery of different types of material confirms, with certainty, that the petitioner was dealing in narcotics and therefore, he was having all the verities of narcotics. The witnesses could not be associated in the process of recovery of narcotics because people do not cooperate. The arguments with regard to the non-compliance of sections 20 and 21 of the Control of Narcotic Substances Act shall be appropriate arguments at the time of final conclusion of trial. At the present stage, only the tentative assessment could be made and in view of recovery of various items A including 30 grams of heroin, which is most dangerous specie of narcotics, it prima facie, appears that the petitioner was having a retail outlet of all the narcotics and he is not entitled to the concession of bail.
4. The application is, therefore, dismissed. S.A.K./47/P Bail refused.