Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1)

Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(b)(c)---Possession, import or export and trafficking of narcotics--- Bail, grant of--- F.I.R.,did not show as to what was the weight of one piece of charas recovered from accused; and whether the samples were taken from one piece or from the both---Chemical Examiner's report had shown that only one sample was received---Contention of counsel for accused needed consideration that accused was liablefor only one piece of charas allegedly recovered from his possession; and samewould fall at the most under S.9(b) of Control of Narcotic Sub-stances Act, 1997---Delay of about ten days in sending the sample to Chemical Examination without any explanation for such delay---Accused was in jail since 27-6-2010---Accused was admitted to bail, in circumstances. 2006 PCr.LJ 840; 2006 SCMR 1051; 2007 MLD 1846; 2008 YLR 351 and 2009 PCr.LJ 695 ref. THIS ORDER PASSED BY: NISAR MUHAMMAD SHAIKH, J.--- This bail application has been moved on behalf of the applicant Arbab, whose earlier bail application was rejected by learned Special Judge (Narcotics), Shaheed Benazirabad vide his order, dated 25-11-2010, passed in connection with Crime No.135 of 2010 registered at Police Station Sakrand, under section 9(c) C.N.S. Act, 1997. As per F.I.R. lodged on 27-6-2010 at 7-45 p.m. by the Inspector Habib-ur-Rehman S.H.O. of Police Station Sakrand, the complainant party during their patrolling duty, apprehended the applicant and secured two big pieces of charaslying in a plastic bag which was in the hand of the applicant. The recovered charas was weighed as 1500 grams, out of which, the sample of 100 grams was sealed separately for chemical examination and thereafter such F.I.R. was registered against him. The learned counsel for the applicant, relying upon the cases, reported as 2006 PCr.LJ 840, 2006 SCMR 1051, 2007 MLD 1846, 2008 YLR 351 and 2009 PCr.LJ 695, contends that the charas in two big pieces of total 1500 grams, was allegedly recovered from the accused but it is not known as to what was the weight of each piece. He further contends that only 100 grams of charas was separated as…

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