Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3 & 4---Possessing and trafficking of narcotics---Bail, refusal of---Huge quantity of 5 Kilograms of charas, value of about Rs.2,00,000 was recovered from accused, and Police submitted incomplete challan for trial of accused under S.9(c) of Control of Narcotic Substances Act, 1997---Later on Police filed complete challan for trial of accused under Arts.3 & 4 of Prohibition (Enforcement of Hadd) Order, 1979---As heavy quantity of charas was allegedly recovered from accused, S.9(c) of Control of Narcotic Substances Act, 1997, was appropriate law, which was attracted---Police malafidely exercised power of Anti-Narcotic Force and submitted incomplete challan under S.9(c) of Control of Narcotic Substances Act, 1997 first, and then final challan under Arts.3 & 4 of Prohibition (Enforcement of Hadd) Order, 1979, just to give benefit to accused, as offences under Arts.3 & 4 of Prohibition (Enforcement of Hadd) Order, 1979 did not fall within the prohibitory clause of S.497, Cr.P.C.---Mala fide on the part of Police, was glaring in circumstances---Bail petition was refused by the Chief Court with directions to the Inspector General of Police for taking disciplinary action against SHO and Investigating Officer for the evident mala fide on their part in conducting the investigation of the case. ORDER MUHAMMAD ALAM, J.---Petitioner who is involved for the offence of Articles 3/4 Prohibition (Enforcement of Hadd) Order (4) of 1979, booked through FIR No.64/2014 of Police Station, Skardu dated 29-5-2014, seeks his release on bail through petition in hand. Previously petitioner moved a bail petition in the learned trial court who through his order dated 18-9-2014 dismissed the said petition, hence this petition. 2. Brief background of prosecution story of occurrence is that police of Police Station, Skardu recovered Charas weighing 5 kilograms of the value of about Rs.200000, from petitioner and submitted incomplete challan for trial of accused under section 9(c) of the Control of Narcotic…

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