Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------Ss. 497(2) & 103 --------- Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c), 25 & 51 --------- Recovery of narcotic substance --------- Bail, refusal of --------- Charas weighing 43 kilograms was recovered from car in which accused was travelling --------- When case against accused was of further inquiry, the embargo contained in S. 497, Cr.P.C., barring bail to accused did not apply --------- On the same analogy bar contained in S. 51 of Control of Narcotic Substances Act, 1997, was not applicable in a case of possession and recovery of narcotics if evidence in possession of prosecution prima facie did not make out a case punishable with death --------- Provision of S. 25 of Control of Narcotic Substances Act, 1997, excluded application of S. 103, Cr.P.C. to searches made under Control of Narcotic Substances Act, 1997 --------- In presence of a special law regarding search, general provisions would not prevail --------- Accused did not deny recovery of Charas from the car in possession of accused but pleaded that the same was recovered from the luggage of co-accused/passengers, such plea could only be determined at trial --------- Case of accused did not call for further inquiry as envisaged under S. 497(2), Cr.P.C. --------- Bail application was dismissed in circumstances. Pervez alias Gidari v. The State 2013 PCr.LJ 635 and Ghulam Mustafa alias Mushtaq Ali v. The State 2013 PCr.LJ 860 ref. THIS ORDER PASSED BY: ZAFAR AHMED RAJPUT, JUSTICE:---------- Through instant Criminal Bail Application under section 497, Cr.P.C., the applicant/accused seeks post-arrest bail in case FIR No. 27 of 2014, registered at Police Station City, Jacobabad, under section 9(c) of the Control of Narcotic Substances Act, 1997 (herein after referred to as the ("Act of 1997")). Earlier to it, application for grant of bail moved by the applicant before the learned. Sessions Judge, Jacobabad being Cr. Bail in CNS Case No. 05 of 2014, was dismissed, vide order dated 14.04.2014. 2. Briefly stated facts of the case are that on 16.03.2014, at 2230 hours. SIP Samandar Khan of P.S. Jacobabad lodged the FIR on behalf of…

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