| Case ID |
398d1f16-723e-463d-a16d-440f110ba456 |
| Body |
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| Case Number |
Criminal Miscellaneous No. 315 of 2003 |
| Decision Date |
May 23, 2003 |
| Hearing Date |
May 23, 2003 |
| Decision |
The petitioner, Zar Gul, was seeking bail in a narcotics case where over 2 Kgs of Charas were allegedly recovered from his residential premises. The court found that the police had failed to comply with legal requirements, such as not obtaining two witnesses during the search, which is deemed necessary for credibility. The absence of an arrest card and proper documentation further supported the argument for bail. The court emphasized that the recovery of narcotics must be substantiated by credible evidence, and since the maximum punishment for the accused was potentially 14 years, the court decided to grant bail due to the doubts surrounding the prosecution's case. |
| Summary |
The case revolves around the bail application of Zar Gul, who was charged under the Control of Narcotics Substances Act, 1997, following a police raid that recovered 2 Kgs of Charas from his home. The Peshawar High Court scrutinized the procedural legitimacy of the police's actions, noting the absence of necessary witness corroboration and proper documentation, such as an arrest card. The court underscored the importance of adhering to legal protocols in narcotics cases, especially given the serious nature of drug-related offenses. The ruling highlighted that compliance with legal standards is imperative for maintaining the integrity of law enforcement actions. Ultimately, the court granted bail, citing significant doubts regarding the prosecution's case and the need for further inquiry. |
| Court |
Peshawar High Court
|
| Entities Involved |
Not available
|
| Judges |
DOST MUHAMMAD KHAN, J
|
| Lawyers |
Muhammad Siddique Haider Qureshi,
Ghulam Shoaib Jalli
|
| Petitioners |
ZAR GUL
|
| Respondents |
THE STATE
|
| Citations |
2003 SLD 1272,
2003 PCRLJ 1392
|
| Other Citations |
Not available
|
| Laws Involved |
Control of Narcotics Substances Act, 1997,
Constitution of Pakistan (1973),
Criminal Procedure Code (V of 1898)
|
| Sections |
9,
20,
21,
25,
4,
497(2)
|