2021 S C M R 460

[Supreme Court of Pakistan]

Present: Mazhar Alam Khan Miankhel and Qazi Muhammad Amin Ahmed, JJ

BILAL KHAN---Petitioner

Versus

The STATE---Respondent

Criminal Petition No. 1515 of 2020, decided on 25th January, 2021.

(Against the order dated 04.12.2020 passed by the Peshawar High Court Peshawar in Crl. M. B.A. No. 3532-P/2020)

Control of Narcotic Substances Act (XXV of 1997)---

----Ss. 9(c) & 51---Possession and transportation of 1200 grams of amphetamine---Bail, refusal of---Accused was arrested red-handed with a considerable quantity of lethal contraband, which was confirmed by a positive forensic report---Case of accused fell within the remit of 'prohibition', contemplated by S. 51 of the Control of Narcotic Substances Act, 1997---Claim of false implication raised by the accused was an issue that could not be attended without going beyond the scope of tentative assessment, which was not allowed by law (at bail stage)---Petition for leave to appeal was dismissed and accused was refused bail.

Aftab Khan, Advocate Supreme Court for Petitioner.

Arshad Hussain, Advocate Supreme Court with Nasir Mehmood, Inspector for the State.

Date of hearing: 25th January, 2021.

ORDER

QAZI MUHAMMAD AMIN AHMED, J.---On a tip off, Bilal Khan, petitioner was apprehended on the wheel of car bearing Registration No.LAR/983 at 10:45 a.m. on 14.10.2020 by a contingent of Excise Police Station Peshawar; he was accompanied by Yasir Khan, co-accused. Upon search 1200 grams of amphetamine/Ice, concealed in a secret cavity was recovered.

2. Heard. Record perused.

3. Given red-handed arrest of the petitioner with a considerable quantity of a lethal contraband, confirmed by a positive forensic report that brings the case within the remit of Prohibition, contemplated by section 51 of the Control of Narcotic Substances Act, 1997, petitioner's claim of false implication is an issue that cannot be attended without going beyond the scope of tentative assessment, a venture prohibited by law. On our own analysis of the record, view concurrently taken by the courts below is not open to exception. Petition fails. Leave declined.

MWA/B-2/SC Bail refused.