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 8400 grams charas was recovered from the vehicle driven by accused and co-accused was accompanying him in the vehicle---Accused being driver of the vehicle had its full control, as such, he could not be exonerated from the liability---Reasonable grounds existed for believing that accused had committed an offence, which fell within the restrictive limbs of S. 497(1), Cr.P.C.---Bail was declined to the extent of accused. (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, grant of---Further inquiry---Prosecution story was that 8400 grams charas was recovered from the vehicle driven by accused and co-accused was accompanying the accused in the vehicle---Co-accused was sitting in the vehicle and to see as to whether he had conscious knowledge about the concealment of narcotics in the vehicle in which, he was sitting, was the question, which was to be determined by the Trial Court after recording evidence---Case of co-accused was that of further inquiry---Co-accused was allowed bail in circumstances. THIS JUDGMENT DELIVERED BY: SYED AFSAR SHAH, J.--- On their failure to obtain bail from the fora below, Haroon and one other, the petitioners, who are accused in case FIR No. 355 dated 17.11.2016 under section 9(c), C.N.S.A. of Police Station, Jarma, Kohat, have come to this Court for their release on bail. 2. The allegation against the accused-petitioners as per FIR, referred to above, are that they were found in possession and trafficking of charas, weighing 8400 grams, in a Car bearing registration No. LX 232/Islamabad. 3. Arguments heard and record perused. 4. It appears from the available record that on 17.11.2016 Abdus Sattar, SHO of Police Station, Jarma, along with police nafri has made nakabandi on main highway near Muslim Abad, when in the meanwhile, a Car bearing registration No LX 232/Islamabad was stopped for the purpose of checking. Two persons were sitting…

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