Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 103---Control of Narcotic Substances Act (XXV of 1997), Ss.6, 9(c) & 25---Possessing and trafficking of narcotics---Bail, refusal of---No animosity was alleged against complainant/Police Official to foist the alleged narcotics material upon accused---Application of S.103, Cr.P.C. in the narcotic cases, having been excluded by virtue of provisions of S.25 of Control of Narcotic Substances Act, 1997, non-inclusion of any private witness was not serious defect to make the ground of bail---Mens rea of accused was to be gathered from deep appreciation of evidence, which was not permitted at bail stage---Case of accused did not fall within the prohibited clause of S.497, Cr.P.C. in circumstances---On five occasions, case was adjourned, either on the request of accused side or due to absence of defence counsel, delay in trial of case, in circumstances was also attributed to accused, which disentitled him to bail, even on the ground of alleged delay in trial---Bail application of accused, being devoid of merits, was dismissed, in circumstances. Ali Muhammad alias Ali Kuchi v. The State 1994 PCr.LJ 1487; Zahid Hussain Shah v. The State PLD 1995 SC 49; Ghulam Murtaza v. The State PLD 2009 Lah. 362; Nazeer Ahmed v. The State PLD 2009 Kar. 191; Abdur Rasool v. The State 2009 PCr.LJ 558; Muhammad Siddique v. The State 2011 YLR 2261; Ghazanfarullah Khan Pathan v. The State 2012 PCr.LJ 1613; Zafar v. The State 2008 SCMR 1257; Rasool Bux v. The State 2005 SCMR 731; The State v. Javed Khan 2010 SCMR 1989; Nadim Ashraf v. The State and others 1989 SCMR 1538; Sher Ali Sheri v. The State 1998 SCMR 190; Ameer Zeb v. The State PLD 2012 SC 380 and Nadeem Ashraf v. The State and others 2013 SCMR 1538 ref. Rasool Bux v. The State 2005 SCMR 731; 2008 SCMR 1254 and Sher Ali Sheri v. The State 1998 SCMR 190 rel. ORDER ABDUL RASOOL MEMON, J.---Applicant seeks bail in a case Crime No.100 of 2012 of P.S. ANF-II Karachi under sections 6, 9(c) of the C.N.S. Act, 1997, facts of which as set out in FIR are that on 31-12-2012 Inspector Syed Sher Ali Shah Sheerazi, on receiving spy information about smuggling of heroin to Damam Saudi…

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