Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotic 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 drugs---Bail, grant of---Further inquiry---No private witness was associated in spite of prior spy information---Representative part of recovered narcotic for chemical analysis was sent with delay---Accused was behind the bars since nine months and was no more required for any purpose of investigation---Prosecution had not claimed that accused was previously involved in same nature of cases---All the prosecution witnesses were Police Officials hence there was no question of tampering with the evidence---Prima facie, accused had succeeded to bring his case within purview of subsection (2) of S.497, Cr.P.C.---Bail was granted accordingly. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, JUSTICE:---.--- Through instant bail application, applicant Asghar Ali seeks post arrest bail in Crime No. 35/2016 registered at Police Station ANF Hyderabad, under sections 9(c), 14 and 15 of C.N.S. Act, 1997. 2. Precisely relevant facts are that on 27.09.2016, complainant along with his subordinate staff was present at PS where they received spy information that present applicant is bringing the huge quantity of narcotics for selling purpose. On such information, complainant along with his subordinate staff reached at the pointed place and saw the present applicant having one black shopper in his hand, who on seeing the police party tried to slip away. However, the present applicant was apprehended and during search recovery of 2.450 grams charas was affected from accused Property and accused were brought at Police Station. FIR was registered against the applicant. After usual investigation they were sent up for trial. 3. Learned counsel for the applicants inter alia contends that recovery affected from the applicant is 2.450 grams charas chemical report is delayed; no independent person has been cited as witness; applicant has no previous criminal record; investigation is completed; all the prosecution witnesses are police officials hence there is no question of tampering with the…

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