Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Law: Qanun-e-Shahadat (10 of 1984)

Section: 40

Criminal Procedure Code (V of 1898)--- ----S. 497---Qanun-e-Shahadat (10 of 1984), Art. 40---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of charas weighing four Kilograms--- Bail, grant of--- Further inquiry---Scope---Police got recovered charas from accused who disclosed that he had bought the same from the petitioner---First Information Report was lodged promptly---Petitioner was not nominated in the FIR and was involved in the offence on the disclosure of the accused from whom the recovery was effected---Question as to whether identification of charas by petitioner, while in police custody, falls within the purview of Art. 40 , Qanun-e-Shahadat, 1984 or not, would be determined by the Trial Court after recording of evidence---Extent of involvement of the petitioner in the crime would be determined by the Trial Court---Such legal as well as factual question had brought the case of the petitioner within the purview of further inquiry as envisaged under S.497(2), Cr.P.C---Bail could not be refused as a measure of advance punishment--- Petitioner was admitted to bail, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- Petitioner Abdullah son of Halem Ullah resident of Pattan, District Kohistan has been booked in FIR No. 05/2019, under section 9(c) CNSA, 1997 registered at Police Station ANF Gilgit on 30.01.2019. 2. It is pertinent to mention here that one Iftikhar Alam was arrested and allegedly 4-Kg of charas was recovered from his possession and FIR was lodged. 3. During investigation the accused Iftikar Alam disclosed that he bought the charas from the petitioner. The petitioner was arrested and as evident from the prosecution evidence the recovered chars was got indentified by the petitioner in presence of an Executive Magistrate. 4. The post arrest bail of the petitioner was declined by the learned Vacation Judge on 11-02-2019 and the instant Cr. Misc No. 46/2019 has been filed by the petitioner for concession of post arrest bail. 5. The learned counsel for the petitioner submitted that the petitioner is not named in the FIR, which has been lodged after a considerable delay. The learned counsel further submitted that…

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