Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 20---Pakistan Arms Ordinance (XX of 1965), S. 13---Possession of narcotic, power to issue warrants for search, possession of illegal weapons---Bail, grant of---Further inquiry---Police raid on basis of prior information---Non-obtaining of search warrants---Non-association of private witnesses from the locality---Effect---Police on basis of spy information raided house of accused and allegedly recovered illegal weapons, ammunition and narcotics---Despite prior information no search warrants under S. 20 of Control of Narcotic Substances Act, 1997, was obtained by the Inspector/Station House Officer before entering into the house of accused---Station House Officer who conducted the raid had not recorded grounds and reasons, as to why he avoided obtaining search warrants under S. 20 of Control of Narcotic Substances Act, 1997---Purpose of said section was to safeguard the right of privacy of a citizen, which should not be allowed to be violated at the whims of a police officer---Recovery was effected from accused on basis of prior information but no witness from the locality was associated with the recovery proceedings---Case required further inquiry and accused was released on bail, accordingly. Raees Khan v. The State 2005 PCr.LJ 76; Waris Khan v. The State 2000 PCr.LJ 1225; Hakim Mumtaz Ahmad and another v. The State PLD 2002 SC 590 and 2003 SCMR 881 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Assessment of evidence---Scope---Only tentative assessment of evidence had to be made and deeper appreciation had to be avoided at bail stage. THIS JUDGMENT DELIVERED BY: SHAH JEHAN AKHUNDZADA, JUSTICE:---.--- Accused-petitioner Saleem involved in case F.I.R. No. 65 dated 18-3-2013 under section 9(c) Control of Narcotic Substances Act, 1997 read with section 13 Arms Ordinance registered at Police Station, Jarma District Kohat was refused bail by the learned Additional Sessions Judge-III. Kohat vide his order dated 2-4-2013. So he has approached this Court for his release on bail. 2. Brief facts of the case are that on 18-3-2013…

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