Law:

Section:

Criminal Procedure Code (V of 1898)------.-------S. 497(2)------.-----Control of Narcotic Substances Act (XXV of 1997), Ss.6, 9(b) & 51------.-----Possessing and trafficking of narcotics------.-----Bail, grant of------.-----Further inquiry------.-----Case had already been challaned against accused, who was no more required for investigation------.-----Accused was behind the bars for the last more than five months without any substantial progress in trial------.-----Case of the prosecution rested upon the evidence of the Police Officials, their evidence required thorough scrutiny at the time of trial; and there was no apprehension of tampering with the prosecution evidence at the hands of accused------.-----Five hundred grams charas, having allegedly been recovered from possession of accused, accused was liable to be tried under S.9(b) of Control of Narcotic Substances Act, 1997, which did not fall within the prohibition contained in S.51 of the Act------.-----Accused was previous non-convict and it was yet to be determined at the trial whether accused had committed the offence in a manner as alleged by prosecution or otherwise, till then case of accused required further probe------.-----Accused having not been convicted in any case allegedly registered against him, he could not be refused bail mainly on the ground that certain other criminal cases had been registered against him------.-----Accused having made out a case for further inquiry, he was admitted to bail, in circumstances. Shah Nawaz alias Chullu v. The State and another 2013 PCr.LJ 1782 rel. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, JUSTICE:------.----- Applicant Anwar Zaman son of Umardad, seeks post arrest bail in case under FIR No.19/2016 dated 19.1.2016 registered under Sections 6/9(b) of C.N.S. Act, 1997 at PS Mubina Town, Karachi. Precise allegations against the applicant, as per FIR, are that on the day of occurrence, the police raiding party on spy information overpowered the applicant at about 0340 hours near Quetta Hotel, Quaid-e-Azam Colony, Block 4/A, Gulshan-e-Iqbal, Karachi and on his personal search 500 grams charas was recovered from his possession in presence of mashirs H.C.…

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