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Petitioner: Atif-Ur-Rehman VS Respondent: The State and another
Court Name: Supreme Court of Pakistan Judge(s): Amin-Ud-Din Khan, Sardar Tariq Masood Title: Atif-Ur-Rehman vs The State and another Case No.: Criminal Petition No. 1182 of 2020 Date of Judgment:2020-11-12 Reported As: 2021 SCMR 324 Result: Bail granted
Judgment ORDER SARDAR TARIQ MASOOD, J.---Through this petition the petitioner Atif-ur-Rehman has impugned the Order dated 23.9.2020 of the Peshawar High Court, D.I. Khan through which post-arrest bail was declined to him in case FIR No.13, registered under section 9(c) of the Control of Narcotic Substances Act, 1997 (CNSA ), on 25.7.2020 at Police Station ANF D.I. Khan, 2. After hearing the learned counsel for the petitioner and learned Special Prosecutor ANF we have observed that nothing was recovered from the vehicle duly driven by the petitioner . According to the prosecution he pointed out another truck from where certain narcotics was recovered and three persons were arrested but the FIR indicates that the ANF officials were already in the knowledge of the narcotics in the said truck. In that eventuality , any new fact was not discovered on the pointation of the petitioner . So far attraction of section 15 of the CNSA is concerned, the trial Court, after recording of evidence, will determine as to whether the said offence is attracted or not. Presently due to the above mentioned reasons, the case of the petitioner calls for further inquiry falling under subsection (2) of section 497, Cr.P.C. Hence this petition is converted into appeal and allowed. The petitioner Atif- ur-Rehman is released on bail in this case, subject to furnishing bail bond in the sum of Rs.5,00,000/- (Rupees five hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court,
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