Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(b)(c)---Possession of narcotics---Bail, grant of---Further inquiry---Complainant party despite receiving the alleged spy information, had failed to associate any private witness to attest the alleged recovery of charas; and no purchaser of the charas in question had been cited in the F.I.R., though accused was allegedly selling the charas---Case of accused, in circumstances, needed further inquiry---F.I.R. did not show as to how much pieces, out of recovered charas, were sent for chemical examination---Total quantity of alleged charas being 1100 grams, marginally exceeded to the borderline, falling between the offence under S.9(b) & 9(c) of Control of Narcotic Substances Act, 1997---Accused who was in jail since 19-11-2009 after his arrest, was granted bail, in circumstances. THIS ORDER PASSED BY: NISAR MUHAMMAD SHAIKH, J.--- The applicant Ghulam Abbas has applied for grant of bail after his earlier bail application was dismissed vide order dated 20-2-2010 passed by the trial Court in connection with Crime No.73 of 2009 of Police Station Mahi Makol, under section 9(c), C.N.S. Act, 1997. The applicant Ghulam Abbas was allegedly apprehended by the complainant party on the basis of spy information and 1100 grams Charas was recovered from the possession of the applicant in presence of two mashirs, namely, A.S.-I. Munawar Ali and PC Muhammad Soomar. Such F.I.R. was registered on 19-11-2009 by the complainant SIP Ghulam Hyder, S.H.O. of Police Station Mahi Makol.…

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