Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic---Bail, grant of---Further inquiry---Mixing of samples---Non-association of private witnesses---Border line case between Ss. 9(b) and 9(c) of Control of Narcotic Substances Act, 1997---Effect---Accused was allegedly found in possession of three pouches which contained charas with a total weight of 1250 gms---Although report of chemical examiner was positive but samples taken from each of the three pouches were mixed together and sent for examination in a single pouch, therefore, it would be difficult to ascertain whether each pouch contained charas---Samples from each pouch should have been sent separately---Daylight occurrence but private mashirs were not engaged---Accused was neither a previous convict nor was he involved in cases similar to the present one---Case was one of further inquiry---Accused was granted bail accordingly. Noor Ali Khan v. State 2003 MLD 637 and 2011 PCr.LJ 177 rel. ORDER MUHAMMAD SHAFI SIDDIQUI, J.---Through this bail application, the applicant challenged the order dated 12-3-2012 passed by the Sessions Judge/ Judge Special Court Narcotics Mirpurkhas whereby the bail application was dismissed. The brief facts that leading to the lodging of F.I.R. and as transformed by applicant on its own are as under:-- "It is complained that today i.e. on 14-2-2012 vide PP Entry No. 4 at 1200 hours I accompanied with C/Mohammadin and Safdar Hussain in Government Vehicle No.SP-7304 driven by driver Abdul Nabi went for patrolling in the beat and at 1530 hours reached at Mobilink Tower and found one person available there and looking the vehicle he tried to escape. We stopped vehicle, encircled and apprehended him and inquired about his escape but he did not give satisfactory reply. Being suspected he was arrested and inquired his name and whereabouts on which he disclosed his name as Sohrab son of Sulleman, caste Shar R/o Village Qasim Shar Taluka Sindhri. His personal search was made and recovered one theli containing three pieces of charas. The charas was weighed which became to 1250gms. out of which 5 grams from…

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