Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.6, 9(c), 14, 15, 25 & 29---Possessing, trafficking of narcotics, and aiding, abetting and associating in narcotic offences---Bail, refusal of---Prosecution witnesses, had no enmity whatsoever, with accused to foist such a huge quantity of nine Kilograms of charas upon him---Chemical Examiner's report regarding recovered charas was found positive---Substance recovered from accused, was proved to be charas---Prosecution, in circumstances, had discharged its initial onus while proving that the substance recovered from accused was contraband charas---Sufficient material was available on record, which had shown that accused was found sitting on front seat of the vehicle, and he was found responsible for transportation of narcotics---Defence plea that the narcotic was not recovered from possession of accused, was not true---Alleged offence was heinous one falling within prohibited clause of S.497, Cr.P.C.---Contention that respectable inhabitants of the locality, were not associated as witness or mashir, was not attracted in view of S.25 of the Control of Narcotic Substances Act, 1997---Applicability of S.103, Cr.P.C., had been excluded in the cases of recovery of narcotics---Evidence of Police Officials, was as good as of any other public witness, in absence of any malice or mala fide---Defence plea raised by accused, required deeper appreciation of evidence, which was not admissible at bail stage---Under provisions of S.29 of Control of Narcotic Substances Act, 1997 presumption would be that a person who was found in possession of narcotics, had committed offence, unless otherwise proved---Reasonable grounds, prima facie, did exist to believe the involvement of accused in the offence alleged against him---Bail application having no merits for consideration, was dismissed, in circumstances. Muhammad Khan v. The State 2008 SCMR 1616 rel. Saleh alias Salo v. The State 2012 PCr.LJ 595 distinguished. ORDER SYED MUHAMMAD FAROOQ SHAH, J.---Applicant Ayaz Pathan, presently confined in Central Prison-II, Sukkur, has sought post arrest bail in Crime No. 18 of 2012,…

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