2022 PLP 685 (SCMR)
FARHAD ALI — Petitioner Versus The STATE through A.A.G. Khyber Pakhtunkhwa — Respondent
| Citation | 2022 PLP 685 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Tariq Masood, Amin-ud-Din Khan and Jamal Khan Mandokhail, JJ |
| Parties | FARHAD ALI — Petitioner Versus The STATE through A.A.G. Khyber Pakhtunkhwa — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2022 PLP 685 (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 2022 PLP 685 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Tariq Masood, Amin-ud-Din Khan and Jamal Khan Mandokhail, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2022 PLP 685 (SCMR) (FARHAD ALI — Petitioner Versus The STATE through A.A.G. Khyber Pakhtunkhwa — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Alam Khan, Advocate Supreme Court for Petitioner.
- Anis Muhammad Shahzad, Advocate Supreme Court (State counsel) along with Zia Ullah, S.I. for the State.
Headnotes / Summary
(Against the order dated 06.09.2021 passed by the Peshawar High Court, Peshawar in Criminal Misc. No. 2918-P of 2021)
S. 497(2)
Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(1)(d), 11(c), 12 & 13
Juvenile Justice System Act (XXII of 2018), S. 6
Preparation of crystal methamphetamine (ICE) at a factory
Mere presence at site of narcotics preparation
According to FIR the factory of ICE was being run by a co-accused
Upon raid on the said factory the accused was found present whereas 24 packets of ICE weighing 24000 grams and four packets of chemical weighing 106 kilograms were recovered from the possession of another co-accused
According to prosecution, presence of accused was shown at the spot but nothing was recovered from him or on his pointation
According to matriculation certificate the accused was about sixteen years and five months of age at the time of incident and apparently, he was a juvenile
Since as per prosecution's own case, nothing was recovered from the possession or on the pointation of accused, therefore, the Trial Court shall determine whether case of accused came within the mischief of Ss. 12 & 13 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 after recording evidence
Presently case against the accused called for further inquiry falling within the ambit of S. 497(2), Cr.P.C.
Petition for leave to appeal was converted into appeal and allowed, and accused was granted bail. Anis Muhammad Shahzad, Advocate Supreme Court (State counsel) along with Zia Ullah, S.I. for the State.
Judgment & Decree
SARDAR TARIQ MASOOD, J.
Petitioner Farhad Ali has impugned the order dated 06.09.2021 whereby bail was refused to him by the learned Peshawar High Court, Peshawar to case FIR No.261 dated 09.08.2021, offence under sections 9-D, 11-C, 13, KP CNSA, registered at Police Station Jamrud Khyber.
2. After hearing the learned counsel for the petitioner and learned counsel appearing on behalf of State assisted by the Police Officer present with record, we have observed that according to FIR the factory of ICE (narcotics) was being run by Daulat Abdal Khel. Upon raid on the said factory the petitioner was found present whereas 24 packets of ICE weighing 24000 grains and four packets of chemical weighing 106 kilograms were recovered from the possession of co-accused Mudassir. According to prosecution, presence of present petitioner was shown at the spot but nothing was recovered from him or on his pointation. According to Matric Certificate the petitioner is about 16 years and five months of age at the time of incident and apparently, he is a juvenile. Since as per prosecution's own case, nothing was recovered from the possession or on the pointation of petitioner, therefore, the learned trial Court shall determine whether case of petitioner comes within the mischief of sections 12 and 13 of the Khyber Pakhtunkhwa Act No.XXXI of 2019, of course, after recording evidence. As of now, case against the petitioner calls for further inquiry falling within the ambit of section 497(2), Code of Criminal Procedure.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed. The appellant-Farhad Ali is allowed bail (in the instant FIR) subject to his furnishing bail bond in the sum of Rs.200,000/- (Rupees two hundred thousand) with two sureties in the like amount to the satisfaction of the learned trial court. MWA/F-14/SC Bail granted.