Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9 (c)---Possessing and trafficking of narcotics---Bail, grant of---Further inquiry--Total 4 'pattis' (slabs) weighing 2 kilograms of charas lying in two packets were allegedly recovered from the accused but only 10 grams each from 2 packets were separated as sample for chemical examination leaving the remaining two 'pattis' in the packets---Positive report of Chemical Examiner received in respect of two samples which were taken out from two 'pattis' could not be considered at bail stage to have its connection with the alleged recovery of all the 4 'pattis'---Remaining two 'pattis' from which no samples were separated or sent for chemical examination was left for the Trial Court to determine the same and to such extent, the case needed further inquiry---Recovery of two 'pattis' the weight of which seemed to be one kilogram was covered by S. 9(b) of Control of Narcotic Substances Act, 1997 which did not fall within the ambit of prohibitory clause of S. 497(1), Cr.P.C.---Bail was granted in circumstances. ORDER NISAR MUHAMMAD SHAIKH, J.---Applicant Ghulam Hussain seeks bail in connection with Crime No.2 of 2012 of Police Station Excise Circle, Kotri under section 9(c), C.N.S. Act, 1997 after his similar prayer was declined vide order dated 3-12-2012 passed by learned Sessions Judge/Special Judge (N), Jamshoro alias Kotri. 2. As per the F.I.R. lodged by complainant Syed Aijaz Ali Shah, Incharge Excise Circle, Kotri on 8-11-2012 at 10-40 p.m., on receiving spy information the complainant alongwith his subordinates left Police Station Excise Circle, Kotri vide Roznamcha Entry No.2395 at 5-30 p.m. in a private vehicle and reached at Sehwan Bus Stand at about 7.30 p.m. where they saw the pointed out person standing there. He was apprehended and on his personal search two packets of charas wrapped in plastic, were recovered from his possession. These packets were opened, there were two 'pattis' (slabs) of the charas in each packet. The recovered charas was weighed and each packet was found containing one kilogram of charas and thus the total was the two kilograms of…

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