Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 15---Possession of narcotics, aiding, abetment or association in narcotic offences---Bail, grant of---Further inquiry--Police had apprehended the co-accused from whom 27 kilograms of narcotic was found and he disclosed that he was being patronized by the accused (police-constable), who had with him an amount of Rs.450, 000---Accused was subsequently arrested by the police and the said amount was allegedly recovered from him---Contentions of the accused were that he had been- involved in the case under a conspiracy by the inimical Investigating Officer so as to ruin his career, and that the Investigating Officer had failed to collect any incriminating evidence against him---Validity---Although F.I.R. revealed that Rs, 450,000 had been recovered from the accused but it did not disclose as to what this recovery was meant for---Co-­accused had not alleged that he had paid the said amount to the accused for purchasing narcotics from him---Although such a heavy amount in the pocket of a police-constable raised eyebrows but without any auxiliary linking evidence, the accused could not be deemed to be a sponsor or patron of the co-accused---No incriminating evidence existed against the accused except for the ambiguous confessional statement of the co-accused--Investigation officer had conducted the investigation inefficiently and in-completely---Case of the accused constituted need for further inquiry into his guilt as envisaged by S. 497(2), Cr. P. C---Bail application was allowed and he was admitted to bail. ORDER The petitioner seeks post-arrest bail in case F.I.R. No.1781, dated 18-11-2011, under section 9(c)/15 of the Control of Narcotic Substances Act, 1997, registered at Police Station Factory Area, Lahore. 2. Precisely, the prosecution case as narrated by Ghulam Mustafa, SI is that he while heading a contingent of police, conducted a raid, on a spy information, and apprehended accused Muhammad Ashraf, who had a plastic bag, hung against the seat of his motorcycle, which contained 45 packets filled with contraband charas; on weighing, it turned…

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