Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),15

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 15---Possession of narcotic drugs, aiding, abetment or association in narcotic offences---Bail, grant of---Further inquiry---Complainant (police official) had alleged that on spy information a raid was conducted and Charas (narcotic) was recovered and accused was apprehended in company of co-accused from the place of recovery---Case of prosecution was that one co-accused while driving car arrived at venue of recovery and in the meanwhile second co-accused along with accused came there and second co-accused received polythene bag from one co-accused whereas rest of Charas was recovered from beneath the driving seat on pointation of one co-accused---No recovery was effected from the person of accused---Mere fact that accused was accompanying the co-accused from whose possession Charas was recovered, his active involvement in the crime was to be determined at the time of trial after recording of evidence---Case of accused fell within the ambit of further inquiry and probe---Bail was granted accordingly. Jamal-ud-Din alias Zubair Khan v. The State 2012 SCMR 573 rel. THIS THIS ORDER PASSED BY: PASSED BY: MIRZA VIQAS RAUF:---.--- The petitioner namely Shaukat Ali seeks post-arrest bail in case FIR No. 39 dated 21st of October, 2016 under sections 9(c) and 15 of The Control of Narcotic Substances Act, 1997 (hereinafter referred as "C.N.S.A., 1997"), registered at Police Station ANF District Faisalabad. 2. As per allegations contained in the FIR, on spy information a raid was conducted, in pursuance thereof, Charas weighing 4800 grams each was recovered from Abdul Basit and Feroz Khan, whereas petitioner was apprehended from the place of recovery being in the company of his co-accused Feroz Khan. 3. Heard. Record perused. 4. It is an admitted position on the record that no recovery was effected from the person of the petitioner. He was arrayed as accused merely on the fact that he was accompanying his co-accused namely Feroz Khan from whose possession Charas weighing 4800 grams was recovered. It is prosecution's own case that co-accused Abdul Basit while…

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