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Official Citation: 2024 MLD 472
Court / Jurisdiction: Peshawar High Court
Year of Decision: 2022
Decision Date: 2022-11-14
Parties: Noor Muhammad vs The State
Ruling Summary: This decision was rendered by the Peshawar High Court on 2022-11-14, officially reported as 2024 MLD 472. In this matter between Noor Muhammad and The State, the court adjudicated key questions of statutory construction, procedural regularity, and legal precedent under Pakistani law.
Core Holding: The honorable bench evaluated governing statutory provisions and judicial authorities to establish the rights of the parties, delivering the binding reasoning set out below.
Case cited as 2024 MLD 472
Court Name: Peshawar High Court Judge(s): Muhammad Ibrahim Khan Title: Noor Muhammad vs The State Case No.: Cr.M (B.A.) No.3331-P of 2022 Date of Judgment:2022-11-14 Reported As: 2024 MLD 472 Result: Bail refused
Judgment
JUDGM ENT M OHAM M AD IBRAHIM KHAN, J. Petitioner Noor Muhammad son of Ahmad Warsi implicated in case FIR No. 14/2022 dated 02.03.2022 under section 9 C/15 CNSA, 1997 registered at Police Station ANF, RD. KP, Peshawar seeks his release on bail. Prior to approaching this court, he had filed an application for the same relief before the court of learned Additional Sessions Judge-XIII, Peshawar however, the same was dismissed on 08.10.2022. 2. The contents of murasila are that on 02.03,2022. complainant Inspector Shafiq Ahmad Khan received spy information that inter-provincial drug smugglers namely Irshad Ali and Noor Muhammad would smuggle huge quantity of contraband through yellow color Suzuki Mehran bearing registration No. BRD-140. On earful, he along with other officials rushed to the spot where, the above stated motorcar was parked wherein, two persons were present, who were overpowered. The person sitting on driving seat disclosed his name as Irshad Ali whereas, the front seater as Noor Muhammad (accused-petitioner). Both of them identified the chars and methamphetamine in the diggi of the motorcar in question. On its search, 12 packets of chars each weighing 1150/1150 grams total 13.800 KG and 04 packets of methamphetamine each weighing 950/950 grams total 4.750 KG hence, the present FIR. 3. Arguments of learned counsel for petitioner and learned Special Prosecutor ANF heard and available record gone through. 4. It is true that the accused-petitioner is front seater, who was present in the vehicle meaning thereby prima-facie he was in league with driver. The recovery of huge quantity of chars and Ice weighing 13.800 and 4.75 KG respectively have been recovered from the diggi of the vehicle at the
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pointation of accused-petitioner Noor Muhammad and driver Irshad Ali, which recovery have further been affirmed through report of Forensic Science Laboratory which is in positive. The accused-petitioner has also not disclosed the purpose of his arrival to Peshawar from his native province Karachi. Statements of recovery proceedings recorded under section 161, Cr.P.C. and positive FSL report support the version of the Seizing Officer. Nothing is available on record to show any ill will or enmity of the police with the petitioner. The offence for which the accused-petitioner is charged fall within the prohibitory clause of section 497, Cr.P.C. No case of further inquiry has been made out by the accused-petitioner for the grant of bail. 5. Resultantly, this petition, having no force, is hereby dismissed. Challan in the instant case has already been put in court therefore, it is expected that the learned trial court shall conclude the trial at the earliest.