While dilating upon the provision of section 21
of the Act of 1997, the Hon’ble Supreme Court in case
titled, “The State Vs Abdali Shah” (2009 SCMR 291),
made the following observations:-
“It would be seen that a huge quantity of 52 Kgs of
chars was allegedly recovered from the Taxi beside
which the respondent was standing while closing its
dickey. It is not possible that the police would foist
such a huge quantity of charas upon him. It appears
that the learned High Court has relied heavily
upon the technical aspect of the seizure and arrest
which in our opinion are misconceived as in the
fist place no raid was carried out by the police
personnel but the respondent apprehended during
normal patrol duty. As such the provisions of
section 21 are not applicable. Even otherwise, it
cannot be expected that upon apprehension of the
accused the police party would go in search of the
officer who is entitled to arrest the accused being
an ASI. At the most, this was an irregularity which
was curable under section 537 Cr.P.C. as held by
this Court in case of Muhammad Hanif (supra).
(emphasis supplied).
Part of judgment of
IN THE PESHAWAR HIGH COURT, PESHAWAR,
Cr.Misc No. 1540-P of 2020 Ismail Vs The State
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