PESHAWAR, Jan 29: A local court on Monday allowed bail to two persons accused of drug-pushing.
The court presided over by additional district and sessions judge, Azhar Khan, observed that the seizure of narcotics and investigation was done by an assistant sub-inspector (ASI), which was not permissible under the Control of Narcotics Substance Act, 1997.
The accused-applicants, Shahid and Khanzada residents of Sufaid Sung, Peshawar, were arrested on Jan 2, while they were travelling in a vehicle, by a police party headed by an ASI Khaista Khan.
The police claimed that they had seized 120kg of charas and 10kg of opium from the said vehicle.
Advocate Mamraiz Khan appeared for the applicants and contended that under section 21 of the CNSA only a police officer of the rank of sub-inspector or above was empowered to conduct search and seize contraband.
The counsel referred to a judgment of the Peshawar High Court, stating that the court had already ruled that an officer below the rank of sub-inspector was not authorized to conduct investigation, search and seizure in narcotics cases.































