Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)--- Possession of narcotic substance--- Bail, refusal of---Prosecution story was that 4000 kilogram of charas was recovered from secret box of the oil tanker driven by accused---Accused being driver of the vehicle was supposed to be custodian of the same---Merely shrugging off the shoulders by the accused that he had no knowledge of what was there in the secret box of the vehicle, was a self-defeating argument---Accused was in exclusive possession of the oil tanker, therefore, he was reasonably connected with the presence of huge quantity of charas kept in secret cavities of the oil tanker---Offence punishable under Control of Narcotic Substances Act, 1997, was by its nature heinous and considered to be the offence against society at large---Offence fell in the ambit of prohibitory clause of S. 497(1), Cr.P.C.---Facts and circumstances established that accused failed to make out a case for grant of bail---Bail was refused in circumstances. Socha Gul v. The State 2015 SCMR 1077 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic substance---Bail---Police witnesses---Credibility-- Private persons were asked to act as witnesses in the case but they refused due to fear of narcotic paddlers; police officials were therefore, associated as witnesses---Members of police force were competent witnesses in the eyes of law and could be credited with veracity unless they were demonstrated to be false witnesses having maliciously involved an innocent person in the commission of offence for ulterior motives. Pervaiz Ahmed v. The State PLD 2008 Kar. 14 and Ghulab Din v. The State 2013 PCr.LJ 1160 ref. Afzaal Ahmed v. The State 2003 SCMR 573 rel. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Principle---Observations made in bail granting order were tentative in nature---Trial Court was to decide the case purely on its merits. THIS THIS ORDER PASSED BY: PASSED BY: MUHAMMAD HUMAYON KHAN, JUSTICE:---.--- Applicant Muhammad Hanif son of Shafi Muhammad is facing…

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