Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, grant of---Accused suffering from physical disability---Allegation against accused was that he was present with the principal accused in a car, which contained 35 kilograms of narcotic (charas)---Accused was a crippled person who had suffered from polio virus and both his legs were not normal---Concession could be granted to an accused who was disabled---Presently there was no clear evidence/material to reasonably establish the connection of the accused with the principal accused, who was still at large and who was in exclusive control of the car, being its owner, and to whom knowledge of the presence of the narcotics could be conveniently attributed---Prosecution could lead evidence at trial to reasonably connect the accused with the constructive knowledge about the presence of the narcotics in the car but on the available record it was not a case where bail could be justifiably refused---Accused was granted bail accordingly. ORDER DOST MUHAMMAD KHAN, JUSTICE:---.---Petitioner is seeking leave to appeal against the order of the Peshawar High Court, Peshawar dated 02.12.2016 in case FIR No. 857 dated 14.10.2016 registered for crime under section 9(c) of the Control of Narcotic Substances Act, 1997 by the Police Station University Town, Peshawar. 2. According to the prosecution record itself and after making extensive queries from the Investigating Officer present in Court, the only fact on record available is that the petitioner was present with the…

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