| Case ID |
2bd60897-7c0c-49d7-be03-3d16b43d0328 |
| Body |
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| Case Number |
Bail Petition No. 1320-P of 2012 |
| Decision Date |
Oct 11, 2012 |
| Hearing Date |
|
| Decision |
The bail application of the accused-petitioner Mukhtiar was accepted by the court. The court noted that the accused was charged under section 9(b) of the Control of Narcotic Substances Act, and he had been refused bail by earlier courts. It was argued that no contraband was recovered directly from the accused, and the forensic science report was still awaited. The court found reasonable grounds to suggest that further inquiry was necessary, thus entitling the accused to bail. The accused was ordered to be released on bail upon furnishing bail bonds of Rs. 1,00,000 with two sureties to the satisfaction of the learned Sessions Judge, Nowshera. |
| Summary |
In the case of Mukhtiar vs The STATE, the Peshawar High Court addressed the bail petition of Mukhtiar, who was charged under the Control of Narcotic Substances Act. The court scrutinized the circumstances surrounding the alleged possession of narcotics and emphasized the lack of direct recovery from the accused. The absence of a search warrant and the pending forensic report were pivotal in determining the necessity for further investigation. This case highlights the importance of due process in criminal proceedings, particularly concerning the rights of the accused. The court's decision to grant bail underlines the principle of presumption of innocence until proven guilty, a fundamental tenet of criminal law. The judgment serves as a precedent for similar cases where the evidence is insufficient to justify continued detention. It reiterates the legal standards required for denying bail, especially in narcotics-related offenses, and underscores the judiciary's role in safeguarding individual rights against arbitrary state action. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
SHAH JEHAN KHAN AKHUNDZADA, J
|
| Lawyers |
Fida Muhammad Afridi,
Fazal-ur-Rehman Khan A.A.G.
|
| Petitioners |
Mukhtiar
|
| Respondents |
The STATE
|
| Citations |
2013 SLD 2386,
2013 YLR 475
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act (XXV of 1997)
|
| Sections |
497(2),
9(b)
|