2014 PLP 849 (YLR)
SHEHZAD KHEZAR HAYAT — Petitioner Versus The STATE — Respondent
| Citation | 2014 PLP 849 (YLR) |
| Forum / Court | Peshawar |
| Bench Members | Shah Jehan Khan Akhundzada, J |
| Parties | SHEHZAD KHEZAR HAYAT — Petitioner Versus The STATE — Respondent |
| Primary Law | Criminal Procedure Code (V of 1898) |
Q1: What are the key laws and sections cited in 2014 PLP 849 (YLR)?
This judgment primarily cites: Criminal Procedure Code (V of 1898) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2014 PLP 849 (YLR)?
The case was heard and decided by the Peshawar bench comprising: Shah Jehan Khan Akhundzada, J.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2014 PLP 849 (YLR) (SHEHZAD KHEZAR HAYAT — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- M. Salim Shakir for Petitioner.
- Date of hearing: 6th May, 2013.
- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, grant of---Further inquiry---Narcotic allegedly recovered from the secret cavities of a vehicle---Non-availability of Forensic Science Laboratory report in respect of recovered narcotic---Effect---Non-availability of such report made the case against accused one of further inquiry---High Court observed that present case was not the first case in which report of Forensic Science Laboratory was missing or still awaited, and due to such omission and negligence of investigating officer the accused were released on bail by the courts on such ground alone---High Court directed the concerned Advocate-General to issue directions in such respect to the prosecuting agencies to do the needful in time---Accused was granted bail accordingly.
- 4. Without dilating upon the merits of the prosecution case or the plea of defence, suffice it to say that the alleged recovery of contraband Charas has been made on 28-3-2013 and the samples separated from it for analysis were sent to the FSL on the same day but perusal of the record would show that no report of FSL is available on the file, but the FSL report regarding the vehicle in question is available on record. Non-availability of FSL report in respect of the contraband Charas allegedly recovered makes the case of the accused-petitioner arguable for the purpose of bail because there is no proof whether the contraband was Charas or otherwise, hence the case of the accused-petitioner requires further probe and falls within the ambit of subsection (2) of section 497, Cr.P.C. which entitles him to the concession of bail on this ground alone. Needless to mention here that this is not the first case in which the report of FSL is not available but out of hundred cases of similar nature in ninety five cases the reports of FSL are missing or still awaited and due to this omission and negligence of the Investigating Officer the accused are released on bail by the Courts on this ground. The learned Advocate-General be asked to issue direction in this respect to the Prosecuting Agencies concerned to do the needful in time.
- 5. Resultantly, this bail application is accepted and the accused-petitioner is released on bail provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees One lac) with two sureties each in the like amount to the satisfaction of learned Illaqa/ Judicial Magistrate. The sureties must be local, reliable and men of means. Copy of this order be sent to the learned Advocate General Khyber Pakhtunkhwa for compliance.
Headnotes / Summary
S. 497(2)
Control of Narcotic Substances Act (XXV of 1997), S. 9(c)
Narcotic allegedly recovered from the secret cavities of a vehicle
Non-availability of Forensic Science Laboratory report in respect of recovered narcotic
Effect
Non-availability of such report made the case against accused one of further inquiry
High Court observed that present case was not the first case in which report of Forensic Science Laboratory was missing or still awaited, and due to such omission and negligence of investigating officer the accused were released on bail by the courts on such ground alone
High Court directed the concerned Advocate-General to issue directions in such respect to the prosecuting agencies to do the needful in time
Accused was granted bail accordingly. Alamgir Khan Durrani Dy. A.G. for the State.
Judgment & Decree
SHAH JEHAN KHAN AKHUND-ZADA, J.
Accused-petitioner Shehzad Khizar Hayat facing prosecution in case F.I.R. No.168 dated 28-3-2013 under section 9(c) Control of Narcotic Substances Act, 1997 registered at Police Station Nasir Bagh District Peshawar was refused bail by the learned Additional Sessions Judge-IV, Peshawar vide his order dated 10-4-2013. Now he has approached this Court for his release on bail.
2. The prosecution case as per contents of the Murasila is that on 28-3-2013 Haroon Khan S.H.O. along with his other police contingents was on gasht and during gasht received information that huge quantity of contraband Charas would be smuggled through Suzuki (Carry van) bearing Registration No.5163/FDZ towards Punjab via Sakhi bridge. So, on receipt of above information he made a barricade at Sakhi Bridge Check Post. At about 16.30 hours the vehicle in question came from tribal area which was stopped. Three persons were sitting in it, out of whom the driver disclosed his name as Faisal son of Ghulam Mustafa, the person occupying the front seat with the driver disclosed his name as Shahzada Khizar Hayat (accused-petitioner) while the third one occupying the rear seat disclosed his name as Muhammad Tauseef, all residents of Punjab Province. The above named persons were deboarded from the said Suzuki and carried out their personal search but nothing was recovered from them. On search of the vehicle five packets each containing one kilogram Charas pukhta (total five Kilograms) were recovered from its secret cavities made for loudspeaker on the roof of the vehicle, out of which 5/5 grams were separated for analysis through FSL and the remaining was sealed into separate parcel. The accused were arrested on the spot and a Murasila was drafted and sent to the Police Station for registration of the case where on the basis of it F.I.R. No. 168 was registered under the aforesaid section of law.
3. I have heard the learned counsel for the accused-petitioner and learned counsel for the State and have also gone through the record of the case.
4. Without dilating upon the merits of the prosecution case or the plea of defence, suffice it to say that the alleged recovery of contraband Charas has been made on 28-3-2013 and the samples separated from it for analysis were sent to the FSL on the same day but perusal of the record would show that no report of FSL is available on the file, but the FSL report regarding the vehicle in question is available on record. Non-availability of FSL report in respect of the contraband Charas allegedly recovered makes the case of the accused-petitioner arguable for the purpose of bail because there is no proof whether the contraband was Charas or otherwise, hence the case of the accused-petitioner requires further probe and falls within the ambit of subsection (2) of section 497, Cr.P.C. which entitles him to the concession of bail on this ground alone. Needless to mention here that this is not the first case in which the report of FSL is not available but out of hundred cases of similar nature in ninety five cases the reports of FSL are missing or still awaited and due to this omission and negligence of the Investigating Officer the accused are released on bail by the Courts on this ground. The learned Advocate-General be asked to issue direction in this respect to the Prosecuting Agencies concerned to do the needful in time.
5. Resultantly, this bail application is accepted and the accused-petitioner is released on bail provided he furnishes bail bond in the sum of Rs.1,00,000 (Rupees One lac) with two sureties each in the like amount to the satisfaction of learned Illaqa/ Judicial Magistrate. The sureties must be local, reliable and men of means. Copy of this order be sent to the learned Advocate General Khyber Pakhtunkhwa for compliance. The above are the reasons of my short order announced on 6-5-2013. MWA/416/P Bail granted.