2020 PLP 350 (SCMR)
AYA KHAN and another — Petitioners Versus The STATE — Respondent
| Citation | 2020 PLP 350 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Dost Muhammad Khan and Manzoor Ahmad Malik, JJ |
| Parties | AYA KHAN and another — 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 350 (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 350 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Dost Muhammad Khan and Manzoor Ahmad Malik, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 350 (SCMR) (AYA KHAN and another — Petitioners Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Altaf Samad, Advocate Supreme Court for Petitioners.
- Zahid Yousaf Qureshi, Advocate Supreme Court and A.-G. Khyber Pakhtunkhwa for the State.
Headnotes / Summary
(On appeal against the judgment dated 20.11.2015 passed by Peshawar High Court, Peshawar in Cr. Misc. (BA) No. 1954-P of 2015)
S. 497
Control of Narcotic Substances Act (XXV of 1997), Ss. 9(b) & 9(c)
Borderline case between 9(b) & 9(c) of Control of Narcotic Substances Act, 1997
Vehicle in which the accused and co-accused were travelling was intercepted on a highway, and on checking of the same 1100 grams of heroin powder contained in plastic shopper bag was recovered
Neither the FIR nor the recovery memo mentioned whether it was the net or gross weight of the narcotic
In such circumstances it became a border line case between Ss. 9(b) & 9(c) of Control of Narcotic Substances Act, 1997
Benefit of doubt in this regard was to go to the accused
Accused and co-accused were granted bail accordingly. Manzoor and 4 others v. The State PLD 1972 SC 81 ref. Zahid Yousaf Qureshi, Advocate Supreme Court and A.-G. Khyber Pakhtunkhwa for the State.
Judgment & Decree
DOST MUHAMMAD KHAN, J.
Petitioner is seeking leave to appeal against the judgment/order of the Peshawar High Court dated 28.11.2015, where they were refused bail in case FIR No.878 dated 11.10.2015, registered by Police Station Gulbahar, Peshawar for crime under section 9(c) of the Control of Narcotic Substances Act, 1997 because the car in which the petitioners were travelling were intercepted at G.T. Road, Peshawar and on checking 1100 grams of Heroin powder contained in plastic shopper bag was recovered from the front switchboard of the vehicle thus, they were arrested.
2. We have heard learned ASC for the petitioners and perused the record.
3. Without discussing the merits of the case lest it prejudice the case of one or the other side, suffice it to say that in the FIR or in the recovery memo, no where it is stated that whether it was net or gross weight of the narcotics and in this eventuality it becomes a border line case between subsections (b) and (c) of section 9, C.N.S.A., 1997. Thus the benefit of doubt in this aspect shall go to the accused. In view of the principle of law laid down in the case of Manzoor and 4 others v. The State (PLD 1972 SC 81).
4. Accordingly this Petition is converted into appeal and same is allowed and the petitioners are granted bail in Sum of Rs.1 lac and two reliable sureties each with PR bound in the same amount to the satisfaction of the trial Court/Ilaqa Magistrate. MWA/A-41/SC Bail granted.