Law: Criminal Procedure Code (V of 1898)

Section: 103,497

Law: Control of Narcotics Substances Act, 1997

Section: 2(s),6,7,8,9(b),25

(a) Criminal Procedure Code (V of 1898)--- ----S. 497----Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 7, 8 & 9 (b)---Possession, import or export, trafficking or financing the trafficking of narcotic drugs etc.---Bail, refusal of---Bail could be declined in case of recovery of 990 grams of Charas---One thousand grams of Charas from one accused and one hundred grams of Charas along with ten grams of heroin were alleged to have been recovered from the other accused---Narcotics although had been recovered from the accused persons only in presence of Mashirs/police witnesses, but no enmity had been shown by the accused with the Anti-Narcotics Force for their false implication---Accused were narcotic traffickers and had been apprehended from the street while being in possession of the narcotics---Offence in question, being heinous in nature, considered as offence against the society at large; therefore, even if the offence did not fall within the prohibitory clause of S. 497, Cr.P.C, the accused were not entitled to the grant of bail---Bail could be declined even in case where the recovered Charas was 990 grams---Bail application was dismissed accordingly. 2007 YLR 3105; 2003 SCMR 573; 2015 SCMR 1077 and 2008 SCMR 1254 rel. 2014 PCr.LJ 427; 2014 YLR 639 and 2014 PCr.LJ 1335 distinguished. (b) Control of Narcotic Substances Act (XXV of 1997)---- ----S. 25----Criminal Procedure Code (V of 1898), S. 103----Mode of making search and arrest---Search to be made in presence of witnesses---Application of S.103, Cr.P.C. has been excluded in narcotic cases in view of S.25 of Control of Narcotic Substances Act, 1997. 2008 SCMR 1254 and PLD 1997 SC 408 rel. (c) Control of Narcotic Substances Act (XXV of 1997)---- ----S. 2(s)---Warcotic drug'---Scope---No bifurcation or specification existed in Control of Narcotic Substances Act. 1997 in respect of narcotics as to Charas or Heroin. 2013 SCMR 1538 rel. THIS ORDER PASSED BY: ANWAR HUSSAIN, JUSTICE:---.---- By way of this Bail Application the Applicant/Accused seeks Post- arrest Bail, after rejection of Applicant's Bail Application by the learned Judge, Special Court-I (CNS) Karachi, in FIR No. 42/2015, under…

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