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Initializing Secure Chambers
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Initializing Secure Chambers
Petitioner: AYA KHAN and another VS Respondent: The STATE
Court Name: Supreme Court of Pakistan Judge(s): Manzoor Ahmad Malik, Dost Muhammad Khan Title: AYA KHAN and another vs The STATE Case No.: Criminal Petition No. 926 of 2015 Date of Judgment:2016-01-26 Reported As: PLJ 2020 SC (Cr.C.) 200, 2020 PSC (Crl.) 496, 2020 SCMR 350 Result: Bail granted
Judgment ORDER DOST MUHAMMAD KHAN, J. Petitioner is seeking leave to appeal against the judgment/order of the Peshawar High Court dated 28.11.2015, where they were refused bail in case FIR No.878 dated 11.10.2015, registered by Police Station Gulbahar , Peshawar for crime under section 9(c) of the Control of Narcotic Substances Act, 1997 because the car in which the petitioners were travelling were intercepted at G.T. Road, Peshawar and on checking 1100 grams of Heroin powder contained in plastic shopper bag was recovered from the front switchboard of the vehicle thus, they were arrested. 2. We have heard learned ASC for the petitioners and perused the record. 3. Without discussing the merits of the case lest it prejudice the case of one or the other side, suffice it to say that in the FIR or in the recovery memo, no where it is stated that whether it was net or gross weight of the narcotics and in this eventuality it becomes a borde r line case between subsections (b) and (c) of section 9, C.N.S.A., 1997. Thus the benefit of doubt in this aspect shall go to the accused. In view of the principle of law laid down in the case of Manzoor and 4 others v . The State (PLD 1972 SC 81 ). 4. Accordingly this Petition is converted into appeal and same is allowed and the petitioners are granted bail in Sum of Rs.1 lac and two reliable sureties each with PR bound in the same amount to the satisfaction of the trial Court/Ilaqa Magistrate.
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