Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Prohibition (Enforcement of Hadd) Order (4 of 1979)

Section: 3,4

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3/4---Bail, grant of---Further inquiry---Accused who was driving the vehicle from which incriminating substance was allegedly recovered, after seeing the Police made no effort to decamp from the scene of occurrence; while one of co-accused:-not only tried but succeeded in making his escape good from the spot---Question, whether accused could be . saddled with conscious possession of the incriminating substance recovered from the vehicle in cartons, was one calling for further inquiry---Fact that accused had been in jail for almost four months, but commencement of his trial was not insight, would also add in "favour of his bail rather than jail---Even attraction of prohibitory clause of S. 497, Cr.P.C. would be doubtful in the case when accused was likely to be awarded the maximum sentence provided by the statute for possessing 5 kgs of charas as it was the quantum of sentence always invariably followed the quantum of substance recovered---Accused was directed to be released on bail, in circumstances. THIS JUDGMENT DELIVERED BY: EJAZ AFZAL KHAN, J.--- The petitioner who is charged in a case registered against him and two others under section 9(c) CNSA r/w Articles 3/4 of Prohibition (Enforcement of Hadd) Order, 1979 vide F.I.R. No.555, dated 27-5-2009 in Police Station Cantt: Abbottabad, seeks his release on bail on the ground that in the absence of any direct evidence on the record, the incriminating substance recovered from the vehicle, he was driving at the time of occurrence, cannot be fastened on him and that his co-accused who are similarly placed and positioned have since been released on bail. 2. As against that Mr. Munir Ahmed Bhatti Advocate appearing on behalf of State argues that the driver being custodian of the vehicle cannot be heard saying that he was not in conscious possession…

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