Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Control of Narcotic Substances (Government Analysts) Rules, 2001, Rr.4, 5---Possessing, import or export and trafficking of narcotic---Bail, grant of---Further inquiry---Two packets of chars, weighing 1500 grams were recovered from the secret cavity of the vehicle in question on the pointation of accused persons---Quantity of contraband and the expected quantum of punishment to be awarded at the trial, in such like offences, had to be taken into account while allowing bail to accused---Keeping in view the quantity of recovered contraband, accused were not likely to be awarded punishment for more than two years---Accused had joined investigation and complete challan had been submitted---Accused were no more required by the Investigating Agency---Accused were neither previous convicts nor involved in such like offences---Samples from recovered chars were received by Chemical Examiner after a delay of about nine days---According to R.4(2) of Control of Narcotic Substances (Government Analysts) Rules, 2001, samples were to be sent to Forensic Science Laboratory within seventy two hours---State Counsel had failed to account for delay in sending the samples to the Laboratory---No explanation was also available with the State Counsel to show that whether those samples were kept in safe custody or not and who was responsible for keeping same unauthorizedly for such a long period of about nine days---Such delay in sending the samples to the Chemical Examiner by the Police, cast a reasonable doubt on prosecution case, which had made case of accused persons arguable for the purpose of bail on account of further inquiry envisaged in subsection (2) of S.497, Cr.P.C.---Accused were allowed bail, in circumstances. JUDGMENT SHAH JEHAN KHAN AKHUND-ZADA, J.---Accused-petitioners Hamayun and Salman Shah facing charge in case F.I.R. No. 351 dated 17-4-2013 registered at Police Station, Charsadda under section 9(c) Control of Narcotic Substances Act, 1997 was refused bail by the learned Additional Sessions Judge-V, Charsadda vide order dated 23-4-2013. Now they have…

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