| Case ID |
109b6748-40b9-4f46-9f59-6c7e553a38be |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 1232 of 2002 |
| Decision Date |
Nov 15, 2002 |
| Hearing Date |
Nov 15, 2002 |
| Decision |
The court dismissed the bail application of Muhammad Khan after considering the substantial evidence against him, specifically the recovery of 800 grams of heroin from the vehicle he was driving. The court noted that prima facie evidence indicated the petitioner was associated with criminal activity, thus justifying the refusal of bail. The judges emphasized that even if the offence did not fall under the prohibitory clause of Section 497, the court retains the discretion to deny bail based on exceptional circumstances. The prosecution was ordered to submit the challan in court within fifteen days. |
| Summary |
In the case of Criminal Miscellaneous No. 1232 of 2002, the Peshawar High Court ruled on a bail application concerning Muhammad Khan, who was accused of possessing a significant quantity of heroin. The case highlights critical aspects of the Criminal Procedure Code and the Control of Narcotics Substances Act, focusing on the standards for granting bail in drug-related offences. The court's decision emphasized the importance of prima facie evidence in determining bail applications, particularly in cases involving large quantities of illegal substances. The ruling also reaffirmed the court's authority to deny bail based on recognized exceptional circumstances, even when the offence does not strictly fall under prohibitory clauses. Legal practitioners and advocates should take note of this decision, as it underscores the judicial approach to narcotics offences and the complexities involved in bail determinations. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
IJAZ UL HASSAN, J
|
| Lawyers |
Syed Sardar Hussain,
Malik Akhtar Khan,
Tariq Kakar
|
| Petitioners |
MUHAMMAD KHAN
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1107 = 2003 PCRLJ 510
|
| Other Citations |
Nazan Shah v. The State 1998 PCr.LJ 1540,
Gul Said v. The State 2002 PCr.LJ 1680,
Imtiaz Ahmad v. The State PLD 1997 SC 545
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
9
|