Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(3)

Criminal Procedure Code (V of 1898) -- S. 497 Control of Narcotic Substances Act (XXV of 1997), S.9(3) ¬Bail Search and arrest of the accused by a Police Officer below the rank of Sub Inspector under the Control of Narcotic Substances Act, 1997 was illegal and would entitle him to bail Even. if the accused was charged under the Prohibition (Enforcement of Hadd) Order, 1979, the maximum punishment for trafficking ‘Charas’ regardless of its quantity was five years R.I. which would take his case out of the ambit of the prohibitory clause of S.497(1), Cr.P.C. Accused was admitted to bail in circumstances. Nek Nawaz Khan for Petitioner. Malik Imran Khan for the State. Date of hearing: 24th January, 2002 JUDGMENT On 23 10 2001, Head Constable of Police Station Alpuri stopped a motor car at Check Post Shangla and on its search recovered 14 Kgs. of Charas from the secret cavities. The occupant of the car, Gharibullah, resident of Gul Abad, Peshawar was arrested and taken to the Police Station alongwith the car. A case under section 9(3) of the Control of Narcotic Substances Act was registered. The accused was declined bail by the lower Courts and has now moved the High Court. 2. The learned counsel appearing for the petitioner pointed out that search and arrest under the Control of Narcotic…

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