Law: Criminal Procedure Code (V of 1898)

Section: 497(2),497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),9

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession and trafficking of narcotics---Bail, grant of---Further inquiry---Co-accused already released on bail---Rule of consistency---Applicability---Conscious knowledge of presence of narcotics---Scope---Charas weighing 9645 grams was allegedly recovered from a vehicle which was being driven by the accused---Co-accused had already been granted bail---Mere presence of accused in driving seat did not prima facie, establish his involvement or his conscious knowledge regarding presence of narcotics---Case was one of further inquiry---Accused was released on bail in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9---Bail---Narcotics recovered from vehicle being driven by the accused---Conscious knowledge of accused regarding presence of narcotics---Scope---Mere presence of accused in the driving seat of the vehicle would not prima facie, establish his involvement or his conscious knowledge regarding presence of narcotics. JUDGMENT ATTAULLAH KHAN, J.---Gulab Din, petitioner herein, who is charged in a case registered against him and another under section 9(c) of the Control of Narcotic Substances Act, 1997, vide F.I.R. No.211, dated 4-4-2012 in Police Station Saro Kallay, Charsadda, sought his release on bail on the grounds that he was falsely involved in the instant case by the local police due to some ulterior motives; that neither he was in conscious knowledge of the incriminating substance nor the vehicle, wherefrom, the same was recovered belonging to him; that he is not likely to be awarded the maximum sentence provided by the statute for possessing 9645 grams of "Charas" and that his co-accused has already been released on bail by the learned Additional Sessions Judge, Shaqadar vide order dated 13-4-2012, therefore, he is also held entitled to the concession of bail on the principle of consistency. Reliance was placed on the judgments of Ghani­-ur-Rehman v. State (2009 SCMR 954) and unreported judgment of this Court dated 17-9-2010, rendered in Criminal…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492