Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),51

Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51 --------- Possessing and trafficking narcotics --------- Bail, refusal of --------- Contraband was recovered from the truck on the pointation of accused, which was being driven by him --------- Keeping in view the recovery of huge quantity of narcotics weighing 4,800 grams; about which report of Forensic Science Laboratory was also in the positive; and the offence being non-bailable and fell within the mischief of S.51 of Control of Narcotic Substances Act, 1997 and S.497(1), Cr.P.C., accused was not entitled to the concession of bail. Socha Gul v. The State 2015 SCMR 1077 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD DAUD KHAN, JUSTICE:---------- Petitioner, Mohsin Gul son of Hassan Gul, seeks bail in case FIR No. 21 dated 25.6.2015 under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station A.N.F. Kohat. He has been refused bail by the learned Judge Special Court (CNS), Peshawar vide his order dated 11.7.2015. 2. Allegation against petitioner is that on 25.6.2015, the local police of P.S A.N.F. Kohat stopped truck No. GLT/7353, which was driven by petitioner and search of the truck led to the recovery of 4.800 kilograms of charas. 3. I have heard learned counsel for the petitioner as well as the learned Special Prosecutor for ANF/State and have gone through the record. 4. Perusal of the record would reveal that the contraband was recovered from the truck on the pointation of petitioner, which was being driven by him, hence, keeping in view the recovery of huge quantity of narcotics weighing 4.800 grams about which report of the FSL is also in the positive and the offence being non bailable and falls within the mischief of section 51 of the CNSA read with 497(1), Cr.P.C., the petitioner is not entitled to the concession of bail. 5. Recently, the august Supreme Court of Pakistan in the case of Socha Gul v. The State (2015 SCMR 1077) has held that: "We have perused the case record and seen that…

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