Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 14, 15 & 51---Possessing and trafficking narcotics---Bail, refusal of---Section 51 of Control of Narcotic Substances Act, 1997, had created a bar to grant bail to accused, charged under Special Law i.e. Control of Narcotic Substances Act, 1997---Refusal of bail was rule, and grant was only an exception in cases falling under said Act---For availing exception provided in S. 51 of the Act, accused had to make out a case---Prosecution had two fold responsibilities firstly, it was to establish that the contraband narcotics recovered, was in conscious possession of accused; and secondly to establish that a particular quantity had been recovered from a particular accused---In absence of such evidence, it would be difficult for the court to draw inference against accused---In the present case, no apparent defect existed which should be resolved in favour of accused---Courts were extending concession of bail to accused, where participation/implication of accused was doubtful or debatable---Control of Narcotic Substances Act, 1997, was a Special Law, which had been enacted to curb the drug traffickers, and severe punishment had been proved to create deterrence for like-minded people---Accused persons having failed to make out a case for exercise of discretion of the court in their favour, bail petition, was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: MALIK HAQ NAWAZ, JUSTICE:----------- By filing this petition, the petitioners/accused sought post arrest bail in case FIR No.13/15 registered at Police Station ANF Gilgit on 28.8.2015 under section 9(c) and 14/15 of Control of Narcotics Substance Act, 1997. 2. The petitioners/accused applied for post arrest bail before the learned Special Judge, CNSA Hunza-Nagar, whereby their post arrest bail petition was dismissed by the learned Special Judge. 3. Details of the occurrence have been narrated in detail by the learned Special Judge in Para 2 of the judgment dated 7.11.2015, therefore, these are not being reproduced and the gist of the allegation contained in FIR No. 13/15 are that on 28.8.2015 at…

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