09/07/2025
پشاور ہائی کورٹ نے آ ئس 1200گرام ڈائریکٹ برآمدگی میں ضمانت منظور کرتے ہوئے قرار دیا ہے کہ آئس کو بمعہ شاپنگ بیگ وزن کیا ہے یا بغیر شاپنگ بیگ وزن کیا ہے کیونکہ قانون میں سزا کے کیٹگریزیش کے بعد 11(5) یا (6) میں بارڈر لائن کا مقدمہ بنتا ہے یہ ٹرائل کورٹ بعد از گواہان کے بیانات فیصلہ کرئے گا ضمانت کے سٹیج پر مزید انکوائری کا کیس بنتا ہے
Judgment Sheet
PESHAWAR HIGH COURT, PESHAWAR
(Judicial Department)
Cr.Misc. (BA) No.1899-P/2025
"Shakir Ullah Versus
The State"
Present:
Mr. Israr Hussain, Advocate, for the petitioner(s).
Mr. Khan Zeb, AAG, for the State.
Date of hearing:
04.07.2025
ORDER
MUHAMMAD IJAZ KHAN, J.- This order is directed to dispose of an application filed by petitioner namely Shakir Ullah slo Akhtar Ameen for grant of post arrest bail in case FIR No. 72 dated 10.04.2025 registered under section 11-C CNSA at Police Station Excise, Peshawar. Same relief was, however, declined to him by the learned trial Court vide order dated 19.05.2025.
2. As per contents of the FIR, the complainant, namely Waheed Akbar Khan, SHO, along with other police 'Nafri' during routine patrolling of the area, apprehended the accused, namely Shakir Ullah (the petitioner herein). During personal search of the accused/petitioner, the police recovered ICE weighing 1172 grams. Accused was arrested on the spot. 'Murasila' was drafted, which culminated into ibid FIR registered against the present accused/petitioner at police station concerned.
3. Arguments heard and record perused.
4. The very contents of the crime report would show that allegedly the quantity weighing 1172 grams "ICE" has been shown recovered from the possession of the accused/petitioner which "ICE" was allegedly wrapped in a black colour bag, however, it is spelling out from the record that the same was weighed with the shopper, therefore, it become a border line case between Clause 5 and 6 of section 11 of the K.P CNS Act, 2019 and recently through Act No. XII of 2025, an amendment has been made in section 11 of The Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, where the former is punishable upto seven years and the latter one is punishable upto ten years, therefore, in the given facts and circumstances whether the prosecution would be able to bring home the maximum punishment provided under the relevant provision of law or not is a question which is to be determined by the learned trial court after recording of pro and contra evidence, as by now it is settled that while considering the plea of bail, the punishment which is likely to be granted to the accused is to be taken in consideration.
5. The record further shows that the present petitioner is a first offender and he has never been involved in such nature cases in the past, and since challan in the case has already been put in Court therefore, the custody of the petitioner is neither required to the prosecution nor the same would serve any useful purpose. In the case¹ the Hon'ble Apex Court has observed that the basic idea is to enable the accused to answer criminal prosecution against him rather than to rot him behind the bar. Every accused is innocent until his guilt is proved and benefit of doubt can be extended to the accused even at bail stage if the facts of the case so warrant. The basic philosophy of criminal jurisprudence is that the prosecution has to prove its case beyond reasonable doubt and this principle applies at all stages including pre-trial and even at the time of deciding whether accused is entitled to bail or not.
6. In the given facts and circumstances the accused/petitioner has made out a case for the grant of bail. Accordingly, this bail application is allowed and accused/petitioner is directed to be released on bail provided he furnishes bail bonds in the sum of Rs. 100,000/- (one hundred thousand) with two sureties each in the like amount to the satisfaction of learned Illaqa/Judicial Magistrate/MOD, who shall ensure that the sureties are local, reliable and men of means. Observations recorded here in above are purely tentative in nature and should in no way prejudice an independent mind of learned trial Court during the course of trial.
Announced:
04.07.2025
