Arrest Sans Search Warrant 'Not Sufficient Ground' To Grant Bail To A Drug-Pusher: SC.
ISLAMABAD -- The Supreme Court of Pakistan Friday ruled that the arrest of an accused without a search warrant in cases related to narcotics cannot be the sole ground for acquittal of the suspect and rendering the entire trial bad in the eye of law.
A two-member bench of the apex court headed by Justice Qazi Faez Isa and comprising Justice Yahya Afridi conducted hearing of an appeal of Syed Zulfiqar Shah against the Peshawar High Court (PHC) judgment to grant him bail in the drug case.
The PHC on 04.04.2022 and the trial court on 22.03.2022 had dismissed Zulfiqar's applications for bail after arrest in FIR registered for the commission of offence under section 9(d) of the Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019. Police had arrested the petitioner on the basis of information that he sells charas, and recovered from him; two closed packets of charas, each weighing 1205 grams; and one open packet weighing 810 grams.
The main contention of the petitioner's counsel was that the police did not obtain the requisite search warrant for conducting the raid on his client's house, as required under section 27 of the KPK Act of 2019. He claimed that recovery of charas was made in violation of the law, and thus, cannot be relied upon for connecting the petitioner with the commission of the alleged offence. The judgment, authored by Justice Yahya Afridi, observed that the Section 27 of the KPK Act, 2019, is identical to...
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