Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic drugs---Bail, grant of---Further inquiry---Complainant (police officials) raided at the house of accused and recovered Charas (narcotic) and arms/ammunition---Entry into the house without permission of its occupants and without obtaining a search warrant under S. 98, Cr.P.C. was not permitted---Station House Officer of Police Station had violated the sanctity of "Chaddar and Chardiwari" which was not permitted---Chief Court observed that Police officer who entered house of any stranger, could be termed as trespasser and necessary criminal proceedings could be initiated against him by the complainant---Narcotics recovered from accused was sealed at the spot but FIR was completely silent regarding separation of sample of allegedly recovered narcotic for further dispatch to Chemical Examiner for expert opinion---Alleged drug was not sent to Chemical Examiner, thus, it could not be presumed legally that the stuff so recovered was intoxicant---Registration of FIR by local Police under Control of Narcotic Substances Act, 1997 needed a thorough and detailed in the light of law laid down in PLD 1997 SC 408---Whenever and wherever two views were possible, the view, which favoured the accused would be adopted---Bail was granted accordingly. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner was booked for the offences under section 9(c), C.N.S.A., 1997 vide FIR No. 36/2016 dated 17-11-2016 of Police Station city Astore. Another FIR No.37/2016 was also registered against the petitioner for possessing illegal arms and ammunition and section 13, AO(XX) 1965 was imposed against him. 2. After completion of necessary investigation, the petitioner was committed to judicial custody and after his judicial custody, he applied for post arrest bail, which was declined by learned trial Court vide Judgment/order dated 22-12-2016 and being dissatisfied from the order of learned trial Court, the petitioner has come to this Court for the same relief. 3. The learned counsel for the petitioner submits that the local Police was not…

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