Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 6,9,16,51

Law: Drugs Act, 1976

Section: 2(g)

(a) Criminal Procedure Code (V of 1898)     S. 497 Control of Narcotic Substances Act (XXV of 1997), Ss 6, 9, 16 51 Drugs Act (XXXI of 1976), S.2 (g) Bail Phenobarbital powder weighing 20 kilograms recovered from the accused was psychotropic substance and thus, an offence under S.6 of the Control of Narcotic Substances Act, 1997 was prima facie made out against him Keeping in view the quantity of the recovered material the offence was punishable under S.9(c) of the said Act with death which had attracted the bar contained in S.51 of the same Act against the grant of bail Accused was not holding any licence for purchase or retaining the phenobarbital powder in his possession in such a large quantity Phenobarbital powder, no doubt, was also covered by the definition of ‘drug’ under S.2(g) of the Drugs Act, 1976 and the same was used for medical purposes also, but this by itself would not bring the case of accused within the ambit of exception as provided under S.6 of Control of Narcotic Substances Act, 1997 Bail was declined to accused in circumstances.   1972 PCr.LJ 165 ref.   (b) Criminal Procedure Code (V of 1898)     S. 497 Control of Narcotic Substances Act (XXV of 1997), Ss.6 9 -Bail No psychotropic substance was recovered from the accused who was arrested from his house on the allegation made by co accused during investigation that he had purchased the alleged psychotropic substance from the accused and had also produced the receipt thereof Other prosecution witness in his statement recorded under S.161, Cr.P.C. had not specifically charged the accused with the sale of the said substance to the ro accused, but he had only stated about the sale of some chemical to .him Accused was admitted to bail in circumstances.   Gulzaman v. The State 1999 SCMR 1271 and The State through Deputy Director, Anti Narcotic Force, Karachi v. Syed Abdul Qayum 2001 SCMR 14 ref.   M.A. Kazi for Applicant.   Shoaib Ashraf, Special Prosecutor for A.N.F. ORDER By this order we propose to dispose of both these bail applications as they arise out of the same Crime No.23 of 2000 Police Station Anti ¬Narcotic Force, Gulshan e…

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