20 09 S C M R 95 4

[Supreme Court of Pakistan]

Present: Abdul Hameed Dogar, C. J., Ijaz-ul-Hassan Khan and Ch. Ejaz Yousaf, JJ


MUHAMMAD ULLAH----Petitioner


THE STATE----Respondent


Criminal Petition No.352 of 2008, decided on 14th November, 2008.


(On appeal from the judgment, dated 22-9-2008 of the Peshawar High Court, D.I. Khan Bench

passed in Criminal Miscellaneous No. 119 of 2008).


Criminal Procedure Code (V of 1898)---

----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan

 (1973), Art.185(3)---Bail, grant of--Contrabands were not recovered directly from the possession of

 accused, rather the same were recovered from the cabin made on the root of the Bus---Question

 whether said cabin was in the exclusive use of the driver or for the passengers being a factual

 controversy, could not be resolved in a bail petition---Case of accused, thus, was of further inquiry--

 Accused was admitted to bail accordingly.


Mian Muhibullah Kakakhel, Senior Advocate Supreme Court and Mrs. Tehmina Muhibullah,

 Advocate Supreme Court for Petitioner.


Ms. Naheeda Mehboob Ellahi, D.A.-G. and Sh. Riazul Haque, Prosecutor-General, ANF for the



Date of hearing: 14th November, 2008.





This petition for leave to appeal is filed against judgment dated 22-9-2008 passed by learned Judge In Chambers of Peshawar High Court, Peshawar whereby Criminal Miscellaneous.No.119 of 2008 filed by petitioner was dismissed and he was declined concession of bail.


2. Briefly stated facts are that on spy information that narcotics is being smuggled in Bus No.DR- 9711 from Mardan to Karachi complainant Rahat Ali Shah, S.H.O. Police Station ANF, D.I. Khan blocked Dera-Bannu Road near CRBC. When the above mentioned bus reached there it was stopped and from its roof, beneath the bed in the driver's cabin a red coloured plastic bag was recovered in which five plastic envelopes wrapped in yellow colour solution tape containing opium weighing nine kilograms were found. Ten grams from each packet were separated for chemical

 analysis while the remaining were sealed. On inquiry the driver disclosed his name as Muhammadullah while the person sitting rear him as Ehsanullah and the person sitting on the cleaner's seat as Adnan. After usual investigation all the above named three were arrested and sent up to face trial.


3. Feeling aggrieved all the accused filed application for bail before learned Peshawar High Court, D.I. Khan Bench which was allowed to the extent of co-accused Adnan and Ihsanullah on the ground of being juvenile whereas application for petitioner was dismissed as slated above.


4. It is vehemently contended by learned counsel for the petitioner that petitioner was driver of the bus and the contrabands were not recovered directly from his possession rather it was recovered from the cabin made on the roof. According to him, though there were so many passengers in the bus but none was cited as witness. He further contended that bus was coming from Mardan whereas petitioner boarded in it from Nowshera and occupied driving scat and had not knowledge about the contrabands lying in the cabin. He contended that petitioner has been involved in this case only on suspicions and surmises which makes it a case of further inquiry.


5. On the other hand Sh. Riazul Haq, learned Special Prosecutor ANF supported impugned judgment and contended that the cabin from where the contrabands were recovered was in the exclusive use of petitioner as such it cannot be held that he has no knowledge about it.

 6. We have considered the arguments of learned counsel for the parties and have gone through the material produced on record. Admittedly the contrabands were not recovered directly from the  possession of the petitioner rather it was recovered from the cabin made on the roof. The question whether the cabin on the roof of the bus was in the exclusive use of driver or for the passengers cannot be decided here as it is a factual controversy which cannot be resolved in a bail petition.

 Therefore, we are of considered view that case of the petitioner is of further inquiry. Accordingly, this petition is converted into appeal and is allowed.


7. These are the reasons of our short order of even date.


N.H.Q./M-34/ Bail allowed.



Press News

Advocate generalís assistance sought in SDA asset transfer case

PESHAWAR: The Peshawar High Court on Tuesday directed the advocate general of Khyber Pakhtunkhwa...

Amendment in PBC rules

The Pakistan Bar Council decided to amend its rules through which students would complete an LLB...

Safeguarding: High court comes to rescue of SDA employees

PESHAWAR: A division bench of the Peshawar High Court restrained the Khyber-Pakhtunkhwa...

Seeking answers: Court rules in favour of SDA employees

PESHAWAR: A division bench of the Peshawar High Court has issued notices to the provincial...

PHC dismayed at faulty investigation of cases by police

PESHAWAR: A senior judge of the Peshawar High Court (PHC) on Tuesday expressed dismay at the...

Social media websitesí misuse has destroyed society, observes PHC CJ

PESHAWAR: Peshawar High Court (PHC) Mazhar Alam Miankhel observed on Thursday that the misuse of...

Khyber college: PHC stays appointment process for principal

PESHAWAR: The Peshawar High Court stayed the appointment process for the principal of Khyber...

Not following orders: Contempt of court notice issued to LRH, HMC members

PESHAWAR: A divisional bench of Peshawar High Court issued contempt of court notices on Monday...

Peshawar Institute of Cardiology: Court stays decision to place cardiology institute under LRH BoG

PESHAWAR: The decision to place Peshawar Institute of Cardiology (PIC) under the Board of...

Couple indicted in cop picture sharing case

PESHAWAR: A local court on Saturday indicted a fashion model and her husband for sharing...

Court stays transfer of SDA properties

PESHAWAR: A Peshawar High Court bench on Wednesday stopped the provincial government from...

Legal notice served on CM, other officials

PESHAWAR: The Sarhad Development Authority Employees Federation (SDAEF) has served a legal...

Court matters: PHC grants time to K-P AG over dissolution of SDA

PESHAWAR:  A divisional bench of Peshawar High Court on Tuesday granted time to the...

PHC stays appointment of Khyber Medical College, Peshawar principal

PESHAWAR: The Peshawar High Court on Tuesday stayed the process to appoint the Khyber Medical...

Peshawar High court orders status quo on Post Graduate Medical Institute dissolution

PESHAWAR: The Peshawar High Court on Thursday directed the lawyer for PTI chairman Imran Khan to...

Current Cases

Chief Accountant Officer Para Chinar got stay order from PHC

The Chief Accountant Officer BS 16 got stay order against the transfer order of another person...

Stay granted to Local Government appointees against the post of Sub- Engineers and Accountants by Peshawar High Court

The local government has conducted test and interview of the candidates for the post of account...

YouTube ban challenged by Pakistani Law Firm in Peshawar High Court, Peshawar

PESHAWAR: A Senior Attorney of the Supreme Court of Pakistan has challenged in Peshawar...

Recommended by

ap leading firm


Follow us on