Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),51

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(c) & 51---Possession of narcotic drugs---Bail, refusal of---Huge quantity of narcotics 20.8 kilograms in weight was recovered from consignments belonging to accused---Chemical Examination Report was positive---Punishment of offence by the accused fell within prohibitory clause of S. 497, Cr.P.C.---Section 51 of Control of Narcotic Substances Act, 1997 provided that bail would not be granted to accused charged with offence under said Act or any other law relating to narcotics where offence was punishable with death---Discretion under S. 497, Cr.P.C. could not be exercised with regard to offences punishable with death or imprisonment for life unless court was satisfied that charge was false or groundless---Deeper appreciation of record at bail stage could not be gone into but only it was to be seen as to whether accused was, prima facie, connected with commission of offence or not---Case of accused was distinguishable from case of co-accused who had already been admitted to post-arrest bail; rule of consistency was not applicable to the present case---Bail was refused accordingly. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Deeper appreciation of record at bail stage could not be gone into but only it was to be seen as to whether accused was, prima facie, connected with commission of offence or not. THIS ORDER PASSED BY: KHADIM HUSSAIN TUNIO, J.--- Applicant Afzal Ahmed seeks bail in FIR No. 14 of 2015 dated 20.02.2015 registered at Police Station A.N.F. Clifton, Karachi under sections 6/9-C, C.N.S. Act, 1997, as his such request has already been turned down the learned Special Court-II (CNS) Karachi vide order dated 30.03.2015. 2. As per prosecution's accusation, the complainant SI Attaullah Khan of P.S. ANF Clifton, Karachi reported that on 19.02.2015 he received spy information that International smuggler of narcotics Riaz Ahmed Khan in connivance of other companions especially Afzal Ahmed son of Ghulam Haider; Muhammad Arif Cheema and Khalil-ur-Rehman was intending to smuggle the contraband stuff through Container…

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