2020 PLP 2062 (SCMR)
DAD KHAN — Petitioner Versus The STATE — Respondent
| Citation | 2020 PLP 2062 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mushir Alam and Qazi Muhammad Amin Ahmed, JJ |
| Parties | DAD KHAN — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 2062 (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 2062 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mushir Alam 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 2062 (SCMR) (DAD KHAN — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Ms. Neelam A. Khan, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(Against the judgment dated 15.05.2020 passed by the Peshawar High Court Peshawar in Cr. M. B.A. No.1276-P/2020)
S. 497
Control of Narcotic Substances Act (XXV of 1997), Ss. 14 & 51
Aiding, abetment or association in trafficking of methamphetamine
Anti-Narcotic Force contingent, on a tip off, intercepted co-accused in the departure lounge of an airport, while boarding an international flight with a substantial quantity of methamphetamine
Name of accused was subsequently added as being part of the cartel behind the consignment, and he had allegedly booked a room in a local hotel where the co-accused and accused, three in number, stayed the night preceding the flight
However, the prosecution had not been able to point out any material to confirm presence of the principal co-accused with the accused except for latter's statement recorded during custody nor there was any data available with the prosecution to establish presence of accused at or around the airport before departure of the flight, therefore, accused's culpability as an abettor, aiding the crime in association with the principal offender, within the contemplation of S. 14 of the Control of Narcotic Substances Act, 1997 so as to attract the bar provided under S. 51 thereof, warranted further probe
Petition for leave to appeal was converted into appeal and allowed, and accused was released on bail. Raja Inaam Ameen Minhas, Special Prosecutor, ANF along with Shamim Raza, SI for the State.
Judgment & Decree
QAZI MUHAMMAD AMIN AHMED, J.
An Anti Narcotic Force contingent, on a tip off, intercepted Rahem Taj accused in the departure lounge of Bacha Khan International Airport, while boarding a Saudi Arabia bound flight with a substantial quantity of Methamphetamine, a lethal narcotic substance. As the investigation progressed, the petitioner was taken on board as being part of the cartel behind the consignment; he had allegedly booked a room in a local hotel where the accused, three in number, stayed the night preceding the flight and it was on account of this overnight stay that the investigating officer held him privy to the crime alongside others.
2. Heard.
3. We have examined the available record that depicts the petitioner to have booked a room in a local hotel wherein the three accused statedly stayed together. The learned Law Officer for the Anti-Narcotic Force has not been able to point out any material to confirm presence of the principal accused with the petitioner except for latter's statement recorded during custody nor there is any data available with the prosecution to establish petitioner's presence at or around the airport before departure of the flight, therefore, for the present, petitioner's culpability as an abettor, aiding the crime in association with the principal offender, within the contemplation of section 14 of the Control of Narcotic Substances Act, 1997 so as to attract the bar provided under section 51 thereof, warrants further probe; a case for his release on bail stands made out. Criminal Petition No.606 of 2020 is converted into appeal and allowed; petitioner/appellant shall be released on bail on furnishing bond in the sum of Rs.500,000/- with one surety in the like amount to the satisfaction of the learned trial Court/duty Judge. MWA/D-7/SC Bail granted.