Law:

Section:

Criminal Procedure Code, 1898 (V of 1898) ------ ------ ------ S. 497 ------ Control of Narcotic Substances Act, (XXV of 1997), S. 9(c) ------ Bail, grant of ------ Recovery of charas pukhta 3.6 Kgs beneath rear seat ------ Previously convicted ------ No doubt, contraband was recovered from beneath rear seat of vehicle, which was driven by accused-petitioner but viderecovery memo, I.O. separated samples for analysis through FSL and same was received to FSL after fourteen (14) days, thus, this fact would be determined at trial after recording evidence ------ There is also no evidence on record that accused-petitioner is a previous convict or involved in such like cases ------ Without prejudice to merits of case, this bail application is allowed and accused-petitioner is admitted to bail provided he furnishes bail. [Pp. 333 & 334] A & B Mr. Noor Alam Khan, Advocate for Petitioner. Mr. Muhammad Sohail, AAG for State. Date of hearing: 7.10.2016. JUDGMENT Petitioner, Khan Wazir son of Majeed Khan, seeks bail in case FIR No. 520 dated 27.7.2016 under Section 9(c) Control of Narcotic Substances Act, 1997 registered at Police Station Risalpur, Nowshera Shah Qabool, Peshawar. He has been refused bail by the learned Sessions Judge/Judge Special Court, Nowshera vide order dated 15.8.2016, hence, the instant petition for the same purpose. 2. As per contents of FIR, on 27.7.2016, the local police of PS Risalpur, District Nowshera, on tip off information, made nakabandi at Double Phatak Risalpur, in the meanwhile, motorcar Bearing No. 0570/AB coming from Nowshera side was stopped. The driver disclosed his name as Khan Wazir son of…

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