Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 20---West Pakistan Arms Ordinance (XX of 1965), S. 13---Possession of narcotic, power to issue warrants for search, possession of illegal weapons---Bail, grant of---Further inquiry---Police on basis of spy information raided accused's shop and allegedly recovered illegal weapons and ammunition and 5500 grams of charas---Police did not obtain search warrant within the meaning of S. 20 of Control of Narcotic Substances Act, 1997, despite having prior information---Forensic report in respect of the recovered charas was not available and similarly record did not contain any Forensic report for the recovered arms to show that same were in workable condition or not---Case required further inquiry and accused was released on bail, accordingly. JUDGMENT SHAH JEHAN AKHUNDZADA, J.---The petitioner is involved in case F.I.R. No. 646 dated 19-7-2012 under section 9(c) CNSA/13 AO registered at Police Station Tangi. He was refused bail by the learned ASJ Charsadda at Tangi vide his order dated 31-7-2012. Hence this petition. 2. The prosecution case as per contents of the F.I.R. is that there was spy information that the accused-petitioner is selling contrabands in his shop situated at Sher Gul Khawar Koroona. On this information S.H.O. Police Station Tangi along with other police contingent raided the said shop at 1230 hours on 19-7-2012. They found the accused in his shop, who disclosed his name as Bilal son of Usman Ali resident of Barazai Panra Jranda presently Sher Gul Khawar Koroona. S.H.O. conducted his personal search and recovered one .30 bore pistol without number along with 5 rounds from the fold of his Shalwar, while conducting the search of the shop, he recovered one .12 bore shotgun without number along with 10 cartridges and further search of the Counter of the shop by the said S.H.O. led to the recovery of 5 full packets and one half packet of charas pukhta weighing 5500 grams in toto. He also recovered Rs.750 in cash containing notes of different denominations from his pocket and scale along with bots (weights). He took into possession all…

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