| Case ID |
0380f70c-655b-42fc-bd51-030abbd184ab |
| Body |
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| Case Number |
Criminal Miscellaneous B.A. No. 368-P of 2018 |
| Decision Date |
Mar 08, 2018 |
| Hearing Date |
|
| Decision |
The court allowed the petition for bail for Shazia, who had been in custody since January 30, 2018, for possession of narcotics. The court found no strong reason to deny bail since the petitioner was no longer required for investigation and there was no immediate prospect of her trial commencing. Shazia was directed to be released on bail after furnishing bonds of Rs. 100,000 with two sureties. The decision emphasized the lack of substantial evidence against the petitioner and the implications of prolonged detention without trial. |
| Summary |
In the case of Shazia vs. The State, the Peshawar High Court evaluated the petitioner's request for bail under the Control of Narcotics Substances Act. The petitioner, Shazia, had been detained since January 30, 2018, for allegedly possessing 2400 grams of 'Charas'. The court considered the arguments presented by both sides, highlighting that the prosecution's case was weak and that Shazia was not needed for further investigation. The court noted that the commencement of her trial was not foreseeable, and thus, granting bail was warranted. This case underscores the importance of timely trials and the rights of individuals against prolonged detention without substantial evidence. The decision serves as a reminder of the judicial system's commitment to upholding the principles of justice and the rights of the accused. Keywords include bail, narcotics, legal representation, and judicial proceedings. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SYED AFSAR SHAH
|
| Lawyers |
Arshad Hussain Yousafzai,
Waqas Ahmed Chamkani
|
| Petitioners |
Shazia
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 1432,
2018 PCRLJ 990
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
9(c)
|