| Case ID |
37390993-64b0-462a-8b6a-0f0c583b0cca |
| Body |
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| Case Number |
Bail Application No. 517-P of 2018 |
| Decision Date |
Mar 30, 2018 |
| Hearing Date |
Mar 30, 2018 |
| Decision |
The petitioner Niaz Ali sought bail in connection with FIR No. 42 dated 19.01.2018, under section 9(c) of the Control of Narcotics Substances Act, alleging possession of 4 Kgs of charas. The court found that the petitioner was prima facie linked to the commission of the offence, as he was deboarded from a vehicle on the pointation of a spy, and 4 Kgs of charas were recovered from his possession. The learned judge dismissed the bail petition, emphasizing that the circumstantial evidence did not warrant a concession of bail, particularly given the substantial quantity of narcotics involved and the prior information regarding the smuggling operation. |
| Summary |
In the case of Niaz Ali's bail application, the Peshawar High Court examined the legal parameters surrounding the possession of narcotics under the Control of Narcotics Substances Act, 1997. The petitioner was detained after being identified by a spy, leading to the recovery of four kilograms of charas. The court highlighted the significance of the evidence presented, including inconsistencies in the FIR and forensic reports. Ultimately, the court ruled against granting bail, stressing the importance of maintaining legal integrity in drug-related cases. This decision underscores the strict enforcement of narcotics laws and the judiciary's role in upholding public safety. The case serves as a critical reference for future legal proceedings involving narcotics possession and the evidentiary standards required for bail applications. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
Qaiser Rashid Khan
|
| Lawyers |
Shah Faisal Utman Khel,
Mujahid Ali Khan
|
| Petitioners |
Niaz Ali
|
| Respondents |
THE STATE
|
| Citations |
2018 SLD 1800,
2018 YLR 1803
|
| Other Citations |
Not available
|
| Laws Involved |
Criminal Procedure Code (V of 1898),
Control of Narcotics Substances Act, 1997
|
| Sections |
497,
9(c)
|