2021 PLP 324 (SCMR)
ATIF-UR-REHMAN — Petitioner Versus The STATE and another — Respondents
| Citation | 2021 PLP 324 (SCMR) |
| Forum / Court | Supreme Court of Pakistan |
| Bench Members | Sardar Tariq Masood and Amin-ud-Din Khan, JJ |
| Parties | ATIF-UR-REHMAN — Petitioner Versus The STATE and another — Respondents |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2021 PLP 324 (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 2021 PLP 324 (SCMR)?
The case was heard and decided by the Supreme Court of Pakistan bench comprising: Sardar Tariq Masood and Amin-ud-Din Khan, JJ.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 324 (SCMR) (ATIF-UR-REHMAN — Petitioner Versus The STATE and another — Respondents). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Noor Alam Khan, Advocate Supreme Court and Syed Rifaqat Hussain Shah, Advocate Supreme Court for Petitioner.
Headnotes / Summary
(On appeal against the judgment dated 23.9.2020 passed by the Peshawar High Court, D.I. Khan, in Criminal M. B.A. No. 330-D of 2020)
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 15
Possession and trafficking of narcotics
Nothing was recovered from the vehicle duly driven by the accused
According to the prosecution the accused pointed out another truck from where certain narcotics were recovered and three persons were arrested
In the FIR it was indicated that the ANF officials were already in the knowledge of the narcotics in the said truck, therefore, any new fact was not discovered on the pointation of the accused
As far as applicability of S. 15 of the Control of Narcotic Substances Act, 1997 was concerned, the trial Court, after recording of evidence, would determine as to whether the said offence was attracted or not
Case of the accused called for further inquiry falling under subsection (2) of S. 497, Cr.P.C.
Petition for leave to appeal was converted into appeal and allowed and accused was released on bail. Raja Inaam Amin Minhas and Ch. Ehtisham-ul-Haq, Special Prosecutors ANF for the State.
Judgment & Decree
SARDAR TARIQ MASOOD, J.
Through this petition the petitioner Atif-ur-Rehman has impugned the Order dated 23.9.2020 of the Peshawar High Court, D.I. Khan through which post-arrest bail was declined to him in case FIR No.13, registered under section 9(c) of the Control of Narcotic Substances Act, 1997 (CNSA), on 25.7.2020 at Police Station ANF D.I. Khan,
2. After hearing the learned counsel for the petitioner and learned Special Prosecutor ANF we have observed that nothing was recovered from the vehicle duly driven by the petitioner. According to the prosecution he pointed out another truck from where certain narcotics was recovered and three persons were arrested but the FIR indicates that the ANF officials were already in the knowledge of the narcotics in the said truck. In that eventuality, any new fact was not discovered on the pointation of the petitioner. So far attraction of section 15 of the CNSA is concerned, the trial Court, after recording of evidence, will determine as to whether the said offence is attracted or not. Presently due to the above mentioned reasons, the case of the petitioner calls for further inquiry falling under subsection (2) of section 497, Cr.P.C. Hence this petition is converted into appeal and allowed. The petitioner Atif-ur-Rehman is released on bail in this case, subject to furnishing bail bond in the sum of Rs.5,00,000/- (Rupees five hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court, MWA/A-1/SC Bail granted.