Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S.497 --------- Control of Narcotic Substances Act (XXV of 1997), S.9(c) --------- Possessing and controlling narcotics --------- Bail, grant of --------- No particular part of the allegedly recovered substance (bhang), had been described --------- Report of Chemical Examiner was still awaited --------- Nature and kind of alleged recovered substance, could not be confirmed --------- Question as to whether the offence would fall under provision of Control of Narcotic Substances Act, 1997 or the Prohibition (Enforcement of Hadd) Order, 1979 would be resolved during the trial --------- Accused was no more required for any further investigation, and nothing was to be recovered from him --------- Keeping accused, confined in the jail, in circumstances, would serve no useful purpose --------- Accused was admitted to bail. Fazeelat Bibi v. The State 2007 YLR 3021 rel. THIS ORDER PASSED BY: MUHAMMAD TARIQ ABBASI, JUSTICE:---------- The petitioner namely Ali Asghar seeks post arrest bail in case FIR No. 394/2014, dated 08.06.2014, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station Seetal Maari, District Multan. 2. The precise facts, as per FIR are that on 8.6.2014, when Muhammad Saleem, SI (complainant), along with other Police officials was on patrolling, he received a spy information that the petitioner having 'bhang' was available at Samejabad, Multan; the complainant along with his companions, reached at the spot and apprehended the petitioner; during search, from a bundle (Gattu), which he was lifting, 'bhang' weighing five kilogram was recovered. 3. After hearing learned counsel for the parties and perusing the record, it is observed that in the FIR, only recovery of 'bhang', without specifying particular parts thereof, is alleged. In various dictionaries of English language, the word 'bhang' is defined as 'hemp'. Whether 'bhang' a narcotic substance, is a question, the answer of which could be found in Section 2(s) of the Control of Narcotic Substances Act, 1997, where narcotic drug has been defined as Coca leaf, cannabis heroin, opium, poppy straw and all…

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