| Case ID |
303a0bfd-4b28-4481-8b0f-7c05c263d2ce |
| Body |
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| Case Number |
Cr. Misc. B.A. No. 84-P of 2015 |
| Decision Date |
Mar 30, 2015 |
| Hearing Date |
Mar 16, 2015 |
| Decision |
The court denied the bail application of Bacha Gul, emphasizing that the significant recovery of narcotics from the motor vehicle he was in warranted the refusal of bail. The court highlighted the stringent conditions under Section 497 of the Criminal Procedure Code and Section 51 of the Control of Narcotic Substances Act, which do not allow bail for offences that carry severe penalties including death or life imprisonment. The court noted that the accused's presence in the vehicle during the narcotics recovery established a prima facie connection to the offence, and the discretion for bail could not be exercised liberally given the public interest in combating drug trafficking. |
| Summary |
The case of Bacha Gul vs. The State revolves around the refusal of bail to the petitioner, who was arrested in connection with a significant narcotics case. The court's ruling was based on the serious nature of the charges under the Control of Narcotic Substances Act, which prohibits bail for offences punishable by death or life imprisonment. The judgment underlines the importance of strict adherence to legal provisions concerning narcotics, reflecting the ongoing battle against drug trafficking in Pakistan. The court's decision emphasized the necessity of protecting public interest and maintaining the integrity of legal processes in drug-related offences. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Mazhar Alam Khan Miankhel, Chief Justice
|
| Lawyers |
Noor Alam Khan,
Waqar Ahmed Khan A.A.G.
|
| Petitioners |
Bacha Gul
|
| Respondents |
The State
|
| Citations |
2016 SLD 2160,
2016 YLR 434
|
| Other Citations |
Ali Asghar v. State Cr. Misc. No.1851 of 2014,
Imtiaz v. The State 2014 YLR 892,
The State v. Javed Khan 2010 SCMR 1989,
Mst. Rafaqat Bibi v. State 2011 MLD 1070,
Ayaz Pathan v. State 2013 YLR 2560
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotic Substances Act (XXV of 1997)
|
| Sections |
497,
9(c),
51
|