| Case ID |
1ed7296e-ef00-4638-a916-fb56dbe7240f |
| Body |
View case body. Login to View |
| Case Number |
Criminal Miscellaneous No. 530-P of 2013 |
| Decision Date |
May 08, 2013 |
| Hearing Date |
|
| Decision |
The application for bail was accepted based on the failure of the prosecution to comply with the mandatory provisions of the Control of Narcotic Substances Act, 1997, and the Police Order, 2002. The Assistant Sub-Inspector (ASI) who conducted the search and arrest was below the rank required for such actions, leading to a violation of legal standards. Additionally, the absence of the forensic report further justified the need for a more thorough inquiry. Thus, the accused was granted bail, contingent upon the submission of bail bonds. |
| Summary |
This case revolves around the granting of bail to Faisal Munir, who was charged under the Control of Narcotics Substances Act due to the alleged possession of narcotics. The court found significant procedural violations in the arrest and investigation led by an Assistant Sub-Inspector, which contravened established legal protocols. The lack of a forensic examination report further emphasized the need for a deeper investigation into the circumstances surrounding the arrest. Consequently, the court ruled in favor of granting bail, ensuring that the accused's rights were upheld under the law. This decision underscores the importance of adherence to legal procedures in narcotics-related cases and highlights the potential for judicial relief when procedural violations occur. Keywords such as 'bail', 'narcotics law', 'Peshawar High Court', and 'criminal procedure' are essential for understanding the implications of this case and its relevance in ongoing legal discussions. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH JEHAN KHAN AKHUNDZADA, J
|
| Lawyers |
Shah Jehan,
Akhtar Naveed Dy. A.G. for the State
|
| Petitioners |
Faisal Munir
|
| Respondents |
The STATE through Latif Khan ASI Choki Mayar
|
| Citations |
2013 SLD 500,
2013 PCRLJ 1525
|
| Other Citations |
PLD 2001 Pesh. 152
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Police Order (22 of 2002),
Control of Narcotics Substances Act, 1997
|
| Sections |
497(2),
18(4),
9(c),
21,
22,
25
|