Law:

Section:

Criminal Procedure Code (V of 1898)----- -----S. 497-----Control of Narcotic Substances Act (XXV of 1997), Ss.51, 7, 9(c), 14 & 15-----Possession of narcotics-----Bail, refusal of-----Contention of accused persons was that there was no evidence against them except statements of co-accused, which were inadmissible and co-accused had not mentioned the names of present accused in their statements-----Prosecution's plea was that accused persons were owners of a factory and cotton bales from which 68 kilograms of heroin was recovered were loaded on trawler from factory of accused-----Held, that provision contemplated by S.51 of Control of Narcotic Substances Act, 1997 could not be ignored at the time of granting of bail-----In the present case, a huge quantity of narcotic had been recovered, therefore accused were not entitled to bail-----Bail was denied, accordingly. THIS ORDER PASSED BY: SYED SAEEDUDDIN NASIR, JUSTICE:----------- Through this order, I intend to dispose of instant bail application arising out of crime No.09 of 2014, under sections 6, 9(c), 14 and 15 of CNS Act, 1997 of Police Station ANF Hyderabad. 2. Concisely, the prosecution story is that on 11-06-2014 the complainant Syed Salman of Police Station ANF Hyderabad along with his subordinate staff on spy information, received through his superiors regarding smuggling of huge quantity of heroin in Trawler bearing No.SLJ-8725, reached at Jamshoro Toll Plaza. It was about 1630 hours when said Trawler was stopped there and drivers, who disclosed their names as Muhammad Shafique and Muhammad Hassan Javed, were arrested. The police party unloaded 135 cotton bales from the Trawler, which were loaded from O.K Qalandri Cotton Factory Kotri Industrial area for shifting to Karachi. On checking of the same, 58 packets of heroin and ten other packets in shape of capsule containing heroin were recovered. On weighing each packet it transpired that each contained one kilogram of heroin and in this way total 68 kilograms of heroin was recovered from the cotton bales. Whole amount of recovered heroin powder was sealed in four bags for chemical examination; ASI Ali Muhammad and PC Kashan Ahmed acted as mashirs of…

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