Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail, refusal of--Nominated for commission of offence--Recovery of four Kgs charas--Quantity of narcotic--No case for grant of bail--Punishment--Validity--Neither categorization of sentencing nor any guess work or speculative exercise could be undertaken by Court at bail stage to enlarge an accused on bail in such crimes, which will amount to pre-empting mind of trial Court, controlling its powers in matter of sentencing an accused and determining quantum of sentence upon his conviction--Offences punishable under CNS Act, 1997 are by its nature heinous and considered to be offences against society at large and it is for that reason that statute itself has provided a note of caution under Section 51 of CNS Act of 1997 before enlarging an accused on bail in ordinary course--An accused charged with an offence, prescribing various punishments, is not entitled for grant of bail merely on account of nature or quantity of narcotic substance, being four kilograms--Petition was dismissed. THIS JUDGMENT DELIVERED BY: Anwar Zaheer Jamali, J---.--- Socha Gul, who is one of the nominated accused in Crime No. 91 dated 30.9.2014, Police Station ANF, District Peshawar, for commission of offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 ("CNS Act of 1997"), with the allegation that, upon spy information, when he was apprehended by the personnel of Anti-Narcotic Force, upon his personal search, four kilograms charas was recovered from his possession; was refused bail by the learned Judge, Special Court (CNS), Khyber Pakhtunkhwa, Peshawar, vide order dated 15.10.2014. Thereafter he moved Criminal Miscellaneous (BA) No. 1716-P of 2014 before the Peshawar High Court, Peshawar, with the prayer for grant of bail in the said crime, but it was also declined, vide impugned order dated 8.12.2014. 2. We have heard the learned ASC for the petitioner. He contends that petitioner, who has his employment abroad, had returned to Pakistan only three weeks before the date of alleged occurrence and has been falsely implicated in the commission of crime by…

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