Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 6/9

Criminal Procedure Code (V of 1898)---.--- ---.---S.497(2)---.---Control of Narcotic Substances Act (XXV of 1997), Ss.6/9---.---Bail, grant of---.---Further inquiry---.---1140 grams of charas was allegedly recovered from accused in the shape of pieces while only 100 grams were taken out of the entire recovered material for the purpose of Chemical Analysis---.---As to whether the sample was taken from each piece or. only from one of the pieces was not mentioned---.---No conclusive finding could be recorded that all the pieces were of contra-band narcotics---.---Proper and final finding, in circumstances, was yet to be recorded at the trial---.---No weapon was recovered from accused nor he caused any injury to anybody---.---Accused had already been granted bail in main case---.---Out of the entire contra-band allegedly recovered from accused, only 100 grams having been sealed separately for sending to Chemical Analyser, at the most, case against accused fell under S.9(b) of Control of Narcotic Substances Act, 1997, which carried punishment for 2 years---.---Even said sample taken out was not sent to the Chemical Analyser by the Investigating Officer---.---Case against accused being that of further inquiry, accused was admitted to bail. Imtiaz Ali v. The State 2006 MLD 1961 and Muhammad Nawaz v. The State 2007 MLD 1846 ref. THIS ORDER PASSED BY: SYED SHAFQAT ALI SHAH MASOOMI, JUSTICE:---.--- By this application, the applicant has sought post arrest bail in Crime No. 07 of 2009 registered with, Police Station Valeed Larkana for an offence under sections 6/9 of Control of Narcotic Substances Act 1997. Briefly the facts of the prosecution case are that on 9-1-2009 ASI Asghar Ali Kango of Police Station Valeed Larkana lodged report on behalf of the State, alleged therein that the present applicant/accused during the commission of offence in Crime No. 4 of 2009, under sections 324, 353, P.P.C. and 13 DAO, while keeping with him 1140 grams of charas has committed offence punishable under section 6/9 Control of Narcotic Substances Act, 1997. In the main case, the facts of the prosecution case are that on 9-1-2009 at 1415 hours the complainant ASI Asghar Ali Kango lodged…

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