Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),14,15

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(c), 14 & 15---Possession of narcotic drugs, aiding, abetment or association in narcotic offences---Bail, refusal of---One hundred kilogram charas (narcotic) was recovered from the car and subsequently on pointation of accused, a total of three thousand, two hundred and thirteen kilogram charas was recovered from a warehouse---Such huge quantity of narcotics palpably could not be foisted upon the accused---Delay in registration of FIR was properly explained in the FIR that showed that in recovering the charas kept in different packets and in sorting it out and finally sealing it, time was consumed---Delay in conclusion of trial occurred due to change of advocates by the accused and their absence on dates of hearing when the witnesses were present---Non-compliance of directions by High Court to conclude trial within a specific period could not be considered as valid ground to grant bail to accused---Bail was refused accordingly. Imtiaz Ahmed v. The State 2017 SCMR 1194 and Nisar Ahmed v. The State and others PLD 2016 SC 11 ref. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Applicants are accused in crime 21 of 2012, registered on 14.11.2012 at 0700 hours at Police Station ANF Clifton, under sections 6/9-C, 14, 15, C.N.C. Act, 1997. 2. Applicants and co-accused namely Atahar Hussain (since dead) were arrested by Anti-Narcotics Force on spy information from a road in front of Murshid Hospital, Mawach Goth, Karachi on 13.11.2012 at about 1545 hours, while they were traveling in an Alto Car bearing Registration No. AHG-285. From search of said car allegedly 100 Kgs of Charas was recovered, which was sealed at the spot and such memo was prepared. The applicants disclosed further that they had brought the recovered charas from a godown situated on a Plot No. UCGP-44/5, Main Suparaco Road, Mawach Goth, Karachi where huge quantity of Charas was available. On such information, ANF along with the accused went to the said godown and recovered 3213 Kgs of Charas which was available in different packets, the same was sealed at the spot, and such…

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