Law: Criminal Procedure Code (V of 1898)

Section: 156,159,497,498

Law: Control of Narcotics Substances Act, 1997

Section: 9,9(c)

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 498---Bail---Grant and refusal of---Principles---Grant and refusal of bail was discretion of the court, and such discretion could be exercised keeping in view overall circumstances of the case in judicious manner for the ends of justice---Bail application could be decided in routine, rather to form an opinion---Court had to make tentative assessment of contents of FIR, statements recorded under S.161, Cr.P.C., statements recorded in court and other material collected by the Police---Deeper appreciation of evidence at bail stage was not warranted by law, it could prejudice the case of either party at trial. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possessing and trafficking narcotics---Bail, grant of---Allegedly, 1200 grams charas had been recovered from accused at day time---Police had not associated any private person as witness of recovery of alleged charas nor made an effort to involve any private person to act as a witness to maintain transparency of alleged recovery; nor furnished any explanation in that regard which had made the story of prosecution doubtful---Benefit of doubt could be extended in favour of accused even at bail stage---Accused was behind bars for two months---Where recovery of substance, did not exceed the limit of 1500 grams, the case being of borderline between clauses (b) and (c) of S.9 of Control of Narcotic Substances Act, 1997, accused was entitled to bail---Challan had been submitted before the court of competent jurisdiction and statements of two prosecution witnesses had been recorded---Prima facie there were contradictions in the statements of prosecution witnesses so recorded; on that ground also, accused was entitled to bail---No recovery had been made from accused, rather he had been involved in a false case---Accused was granted bail in circumstances. Ghulam Murtaza and another v. The State PLD 2009 Lah. 362; Javed Afridi v. The State Revision Petition No. 3 of 2018; Mubarak Ali v. The State PLD 2009 Lah. 632; Muhammad Ashraf v. The State 2000 PCr.LJ 1160 and Ayaz v. The State 2011 PCr.LJ 177…

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