| Case ID |
05555a7b-aa91-4e9d-a59f-e8e19682a8c6 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Petition No. 292 of 20 |
| Decision Date |
Aug 02, 2010 |
| Hearing Date |
Aug 02, 2010 |
| Decision |
The court declined the bail application for the petitioner, Shaukat Hussain, who was apprehended with 400 grams of heroin. The court highlighted that the petitioner was a habitual offender with multiple FIRs against him related to narcotics, which justified the refusal of bail under Section 497 of the Criminal Procedure Code. The court concluded that the presence of narcotics and the petitioner's history made him ineligible for bail, despite arguments regarding procedural compliance in the search warrant and the absence of certain witnesses. The decision emphasized the serious nature of the offense and the need for stringent measures against habitual narcotics offenders. |
| Summary |
In the case of Criminal Miscellaneous Bail Petition No. 292 of 2010, the Peshawar High Court addressed the bail application of Shaukat Hussain, who was arrested on charges of narcotics possession. The court found that the petitioner was apprehended with a significant quantity of heroin and had a history of similar offenses, indicating a pattern of illegal activity related to drug trafficking. Despite the defense's arguments regarding procedural irregularities in the search and seizure process, the court determined that the overwhelming evidence of the petitioner's involvement in narcotics made him a significant risk if released on bail. The ruling underscored the court's stance against narcotics offenses and the importance of upholding the law to protect society from drug-related crimes. The decision highlights the challenges faced in the judicial system concerning habitual offenders and the stringent measures necessary to combat drug trafficking in the region. This case serves as a precedent for future narcotics-related bail applications and reinforces the legal framework aimed at curbing drug-related offenses. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
ATTAULLAH KHAN, JUSTICE,
SHAUKAT HUSSAIN SHAH
|
| Lawyers |
Haji Muhammad Shakeel
|
| Petitioners |
Shaukat Hussain
|
| Respondents |
The State
|
| Citations |
2010 SLD 2943,
2010 PCRLJ 1747
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
9(c)
|