2020 PLP 444 (SCMR)
KHAN ZEB — Petitioner Versus The STATE through Special Prosecutor, A.N.F. — Respondent
| Citation | 2020 PLP 444 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Mushir Alam and Qazi Faez Isa, JJ |
| Parties | KHAN ZEB — Petitioner Versus The STATE through Special Prosecutor, A.N.F. — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2020 PLP 444 (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 444 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Mushir Alam and Qazi Faez Isa, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2020 PLP 444 (SCMR) (KHAN ZEB — Petitioner Versus The STATE through Special Prosecutor, A.N.F. — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Iltaf Samad, Advocate Supreme Court and Haji M. Zahir Shah, Advocate-on-Record (Absent) for Petitioner.
Headnotes / Summary
(Against the judgment dated 13.07.2017 of the Peshawar High Court, Peshawar passed in Cr. M. B.A. No. 1351-P of 2017)
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Passenger onboard a vehicle containing narcotics
Connection between driver of vehicle and passenger not established
No investigation was carried out nor any data was collected to establish any connection or relationship between the accused-passenger and the driver of the vehicle wherein narcotic was found
Accused being a passenger in the vehicle and no connection, prima facie, having come on record between him and the driver, a case for further inquiry was made out
Accused was granted bail in circumstances. The State through Director General ANF v. Said Ahmed 2011 SCMR 908 and Javed v. The State 2017 SCMR 531 ref. Rana Inam Amin Minhas, Special Prosecutor, ANF and Azhar Hamaish, Inspector, ANF for the State (ANF).
Judgment & Decree
MUSHIR ALAM, J.
Petitioner seeks post-arrest bail in Crime No. 41 dated 09.05.2017 for offence under sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997 registered at Police Station, ANF, Peshawar, which was declined by the learned Peshawar High Court, Peshawar vide the impugned judgment dated 13.07.2017.
2. Petitioner who was travelling in the same vehicle apprehended along with driver. Contraband item was recovered from the same vehicle. Driver is still facing the trial, however, Petitioner was also denied bail. The matter was fixed on 02.01.2018 when the learned Special Prosecutor, ANF and the Investigating Officer, present in Court, were enquired whether investigation was carried out to establish any connection or relationship between the passenger and the driver. It was stated that no such exercise has been carried out nor any data has been collected or verified to establish their previous connection or relationship.
3. In this view of the matter, in the light of the judgment rendered in the cases of The State through Director General, ANF v. Said Ahmed (2011 SCMR 908) and Javed v. The State (2017 SCMR 531), the petitioner being a passenger in the vehicle and since no connection, prima facie, has come on record, therefore, a case for further inquiry is made out. Accordingly, this petition is converted into an appeal and the same is allowed. The appellant-Khan Zeb is admitted to bail subject to furnishing bail bonds in the sum of Rs.100,000/ - (rupees one hundred thousand) with two sureties in the like amount to the satisfaction of the learned trial Court. MWA/K-10/SC Bail granted.