| Case ID |
22d197f2-8106-4720-836b-934d08ec27b1 |
| Body |
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| Case Number |
Criminal Miscellaneous Bail Application No. 156-P |
| Decision Date |
Mar 01, 2013 |
| Hearing Date |
|
| Decision |
The bail petition was dismissed as the driver of the vehicle was found to be prima facie connected with the commission of the offence. The court determined that the accused, Salam Noor, had a responsibility to know what was in the spare tyre of the vehicle he was driving. The evidence showed that 40 packets of narcotics were hidden within the spare tyre, and the court found the claim of ignorance to be insufficient. The case was distinguished from that of a co-accused who had been granted bail because he was not the driver. The decision emphasized the seriousness of narcotics offenses and the responsibility of individuals in control of vehicles to be aware of their contents. |
| Summary |
In the case of Salam Noor vs. The STATE, the Peshawar High Court dealt with a bail application concerning serious narcotics charges under the Control of Narcotic Substances Act. The petitioner, Salam Noor, was apprehended while driving a truck which was found to contain a significant quantity of narcotics hidden in the spare tyre. The court scrutinized the arguments regarding the lack of conscious knowledge of the narcotics, ultimately concluding that the driver must be aware of the vehicle's contents. The ruling highlighted the legal expectations placed on individuals in possession of vehicles involved in narcotics trafficking, marking a clear stance on drug-related offenses. The court dismissed the bail petition, reinforcing the notion that ignorance is not a viable defense in narcotics cases. This decision underscores the importance of upholding law and order in the context of drug enforcement, reflecting the court's commitment to combatting drug offenses effectively. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan, J
|
| Lawyers |
Miss Farhana Marwat,
Alamgir Khan, DAG
|
| Petitioners |
Salam Noor
|
| Respondents |
The STATE
|
| Citations |
2014 SLD 2435,
2014 PCRLJ 454
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act (XXV of 1997)
|
| Sections |
497,
9(c)
|