Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 21(2) & 26---Recovery of narcotics---Bail, refusal of---Recovery proceedings---Exclusive possession---Charas weighing 66.500 kilograms and 2 kilograms heroin were recovered from a locked box lying in office of accused---Accused was a police officer and plea raised by him was that recovery was violative of provisions of S. 21(2) of Control of Narcotic Substances Act, 1997---Validity---Recovery of huge quantity of narcotics was effected from office of accused---In absence of accused, his office was found locked that indicated his exclusive control over the same and availability of case property inside a locked box lying there led to a tentative inference about conscious possession of accused---Accused himself was a police official and his false implication in absence of strong animosity could not be normally expected and same was not borne out of any requirement---Alleged raid was conducted in night hours and provisions of S. 21(2) of Control of Narcotic Substances Act, 1997 in such peculiar circumstances could not be strictly pressed---Such grounds could not be taken into consideration, at bail stage for doing so would amount to a deeper appreciation of material---As a result of entry into office of accused, huge quantity of narcotics was recovered and except narcotics, nothing there was seized to even prima facie attract provisions of S. 26 of Control of Narcotic Substances Act, 1997---Bail was declined in circumstances. 1999 PCr.LJ 225; NLR 2003 Criminal 640; 2004 YLR 1303; 2008 SCMR 1111; 2007 YLR 3130 and 2000 SCMR 677 ref. THIS ORDER PASSED BY: MUHAMMAD IQBAL KALHORO, JUSTICE:---.--- Applicant is shown accused in two FIRs, that are, FIR No. D030706515 and FIR No. D030706615 registered under different penal provisions of Control of Narcotic Substances Act, 1997 at P.S. ANF Muhammad Ali Society Korangi, Karachi. He by means of captioned applications is seeking post arrest bail in both the cases. 2. Facts of the first FIR show that on a tip-off co-accused Muhammad Saleem was arrested by the complainant namely Inspector Muhammad Muzzamil Ahmed from…

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