Law: Criminal Procedure Code (V of 1898)

Section: 103,497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),25

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 103---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 25---Possession of narcotic substance weighing 3020 grams---Bail, refusal of---Categorization of sentence; quantity or nature of contraband---Scope---Accused was allegedly found with Charas in his personal possession---Accused contended that nature and quantity of contraband and punishment which was likely to be imposed was to be kept in mind while deciding bail petition---Section 9 of Control of Narcotic Substances Act, 1997 revealed that sentence was prescribed with reference to quantity of the recovered narcotic substance and not the kind or nature of the recovered substance---Contention of accused that no witness from public was associated though alleged recovery was effected from public place was based on misconception---Section 25 of Control of Narcotic Substances, Act 1997 had excluded applicability of S. 103, Cr.P.C.---Categorization of sentence or any guess-work or speculative exercise was prohibited at bail stage in such cases---Investigation of the case was complete and trial was likely to commence---Prima facie, accused was connected with the alleged crime---Bail was refused accordingly. PLD 2009 Quetta 5; 2005 PCr.LJ 1558 and Sacha Gul v. The State 2015 SCMR 1077 ref. THIS JUDGMENT DELIVERED BY: SHAKEEL AHMAD, JUSTICE:---.--- Through the instant Criminal Miscellaneous Application, the accused/petitioner Zaib Khan son of Farooq Khan seeks post-arrest in crime report No.591 dated 14.9.2017, registered under section 9(c) of the Control of Narcotic Substances Act, 1997 of Police Station, Rustam District Mardan. 2. The prosecution case as set forth in the crime report are that on 14.9.2017, complainant Dilawar Khan SI reported that during search and strike operation (headed by DSP Rural) he was present in the locality, he received information that the petitioner is busy in selling of narcotics. He along with other police officials went to the spot, overpowered the accused and recovered 3020 grams charas from his immediate possession. Five grams sample was separated from the total lot for chemical examination. The…

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