Law:

Section:

(a) Criminal Procedure Code (V of 1898)-------S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Penal Code (XLV of 1860), Ss. 324 & 353---Possession of narcotic, attempt to commit qatl-i-amd, assault or criminal force to deter public servant from discharge of his duty---Bail, refusal of---Foisting of large quantity of narcotic by police not explained---Enmity/mala fides of police not established---Effect---Police recovered 70 kilograms of charas from a tractor being driven by accused and co-accused persons---Accused and co-accused persons also allegedly fired at the police party---Admittedly accused was present at the spot and huge quantity of charas was recovered from his possession---Accused was named in the F.I.R. and failed to submit any evidence to substantiate that he had been involved in the offence due to enmity or mala fide of police---Report of chemical examiner was positive---Accused also failed to explain as to how due to alleged enmity with police such huge quantity of narcotic could be foisted upon accused---Case of co-accused who had been granted bail was on a different footing to that of accused, therefore, rule of consistency was not applicable in the present case---Alleged offence also fell within the prohibitory clause of S. 497(1), Cr.P.C.---Bail application of accused was dismissed in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ---S. 25---Criminal Procedure Code (V of 1898), S. 103---Recovery proceedings in narcotic cases----Non-association of private witnesses---Scope---Evidence of police officials---Scope---During recovery proceedings in narcotic cases it was not necessary that private persons should be associated---Evidence of a police official was as good as that of a private person, unless there existed enmity of police, with accused. ORDER ABDUL MAALIK GADDI, J.---Through this application, the applicant/ accused Abdul Aziz Pathan has applied for grant of post arrest bail in his favour in Crime No.91/2012 of Police Station Sultankot, (District Shikarpur), registered under section 9(c) of Control of Narcotic Substances Act, 1997. 2. The bail application of the applicant was rejected by the…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492