Law:

Section:

Criminal Procedure Code (V of 1898)--- ---S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9 (c)---Possession of narcotic drugs---Bail, grant of---Allegation against the accused was that he was selling Charas---1040 grams of Charas was recovered from the possession of the accused-petitioner and it was yet to be determined whether offence would fall under clause (b) or (c) of S.9 of the Control of Narcotic Substances Act, 1997---Present case was a border line case---Challan had already been submitted and accused-petitioner was no more required for investigation---Prosecution witnesses were police official and there was no question of tampering with evidence---Nothing was on record that the accused-petitioner was previous convict in similar offences---Enmity with police had also been alleged---Case for grant of bail to the accused-petitioner was made out---Accused-petitioner was granted bail in circumstances. ORDER NAIMATULLAH PHULPOTO, J.---Applicant/accused Ashraf seeks bail in Crime No.10 of 2013 registered against him at Police Station Sujawal on 8-2-2013 under section Control 9(c) of Control of Narcotic Substances Act, 1997. Brief facts of the prosecution case are that on 8-2-2013 Inspector/S.H.O. Ali Muhammad of Police Station Sujawal left the police station alongwith his subordinate staff for patrolling, during patrolling he received spy information that accused Ashraf was selling Charas at his village, on such information, police party proceeded to the pointed place and held Nakabandi on the road at Samma Curve, after some time, one person appeared on road from Sujawal side on the motorcycle, his motorcycle was stopped, he was caught hold, his name was enquired, he disclosed his name as Ashraf, resident of Village Rahab Amro, Taluka Sujawal, his personal search was conducted in presence of mashirs, five pieces of Charas were recovered from his possession, Charas was weighed which came to be 1040 grams, cash of Rs.200 was also recovered, motorcycle was seized and after usual investigation challan was submitted under section 9(c) of Control of Narcotic Substances Act, 1997. Bail application was moved on behalf of the applicant/accused before…

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