Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Possession of narcotic---Bail, grant of---Further inquiry---Alleged recovery of substance was not made from the direct possession of accused---Forensic Science Report in respect of the allegedly recovered substance was still awaited, therefore, reasonable grounds existed to suggest that case of accused required further probe---Accused was released on bail in circumstances. JUDGMENT SHAH JEHAN KHAN AKHUNDZADA, J.---Accused-petitioner, Mukhtiar son of Zaman Khan who is charged under section 9(b) C.N.S.A. vide. F.I.R. No.655, dated 7-9-2012, Police Station, Risal Pur District Nowshera was refused bail by the learned two Courts below and now he has approached this Court for his release on bail. 2. At the very outset, learned counsel for the petitioner contended at the bar that no recovery in the shape of contraband charas has been effected from the accused-petitioner. Moreover, though the S.H.O. complainant in this case had prior information as per his own assertion that accused is a notorious drug peddler but even then he has not obtained any search warrant from any court of competent jurisdiction/Special Court in this regard authorizing him to seize the contraband or search the accused-petitioner. He also contended that FSL report is still awaited therefore, it is not known that whether the alleged recovered substance is charas or otherwise. So, according to him reasonable grounds do exist…

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