Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),51

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51---Possession of Narcotic Substance weighing 2200 grams---Bail, refusal of---Maximum punishment---Applicability---Accused was allegedly found with Charras from toll box of rickshaw driven by accused---Contention of accused that while deciding the bail petition the Court was not supposed to keep in the mind maximum sentence provided by law for the charged offence, but the one which was likely to be imposed, was misconceived---Offence with which accused was charged was punishable with death or life imprisonment or imprisonment of 14 years; what sentence was to be imposed was to be considered after trial---Record revealed that recovery was made from toll box of Rickshaw driven by the accused whereas he was saddled with responsibility of conscious possession of narcotic substance found in the vehicle driven by him---Section 51 of Control of Narcotic Substances Act, 1997 provided prohibition against grant of bail in such cases---Bail was refused accordingly. Socha Gul v. The State 2015 SCMR 1077 and Nadir Khan v. The State 1988 SCMR 1899 ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, JUSTICE:---.--- Abid Ali, petitioner seeks post-arrest bail in crime report No.206 dated 6.4.2017 under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station, Kalu Khan (Swabi). 2. Perusal of the record reveals that on 6.4.2017 at 14.30 hours, complainant Hukam Khan ASI along with other police officials were present at Mardan-Swabi road near Nehr for the purpose of nakabandi, in the meanwhile, a rickshaw coming from Mardan side was stopped, on search two packets charas were recovered from toll box of the said rickshaw, each packet contained 1100 grams charas. The complainant separated 05/05 grams from each packet of charas for the purpose of FSL analysis and the same was sealed in parcels Nos.1 and 2, while the remaining charas 2190 grams were sealed in parcel No.3. The driver of the rickshaw disclosed his name as Abid Ali son of Muhammad Sher, on personal search of the accused, his CNIC was recovered. The accused was apprehended on…

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