PESHAWAR, Oct 26: The Peshawar High Court on Friday took exception to the non-compliance of the provisions of Criminal Procedure Code by the police while raiding a residence, and allowed bail to inmate of the residence accused of possessing weapons and explosives.
The accused-applicant, Adil Khan was arrested by officials of Police station Kalo Khan, Swabi, on Aug 26 in a raid on his residence.
A single bench comprising Justice Shahjehan Khan Yousafzai asked the state counsel why the police did not fulfil the requirement under section 103 of the CrPC under which it was binding on them to carry along with them two respectable persons of the locality while raiding the residence.
The police had claimed that they had prior information about presence of some absconders in the said premises.
They alleged that when they raided the residence the absconders escaped, however, they recovered some arms including a klashnikov, 2 hand grenades and some cartridges.
They added that as arms were recovered therefore they arrested the accused.
Advocate Bashir Tanghi appeared for the accused-applicant and contended that it was a fabricated case.
He added that when the police had prior information then why they did not associate respectable persons of the locality at the time of raid.
The state counsel informed the court that as the police had prior information about presence of absconders therefore they did not waste time in engaging private persons of the locality.
The bench finally allowed bail to the applicant and directed that he should be released on furnishing of two sureties of Rs one lakh each.
