Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail application---Adjudication---Principles---Court, while deciding bail application would consider allegations made in FIR, statements recorded under S. 161, Cr.P.C., nature and gravity of charge, other incriminating material against accused, legal pleas raised by accused and the relevant laws. Shahzad Ahmed v. The State 2010 SCMR 1221 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(c), 14, 15 & 51---Possession of narcotic drugs, aiding, abetment or association in narcotic offences---Bail, refusal of---Accused was arrested red-handed with possession of Diazepam tablets (psychotropic substance)---Chemical Examination Report supported the prosecution case---Recovery of Diazepam tablets was witnessed by Police Officials who were as good witnesses as any other person---Police had no ostensible reason to falsely implicate accused---Case of accused was hit by prohibition contained in S. 51, Control of Narcotic Substances Act, 1997---Diazepam was mentioned in S. 2(za) at Serial No. 24 of Schedule of Control of Narcotic Substances Act, 1997 which came within the definition of "psychotropic substance" and was prohibited to possess and transport---Alleged offence fell under section 9(c) Control of Narcotic Substances Act, 1997 which was punishable with life imprisonment---Accused had failed to substantiate his claim that alleged recovered Diazepam tablets was for exceptions as provided in law, therefore, no case of further inquiry was made out---Bail was refused accordingly. Wajid alias Waji v. The State 2016 PCr.LJ 831; Shahid Ali Laghari v. The State 2014 PCr.LJ 427; Tafseel Hussain alias Mantoo v. The State 2006 YLR 579; Muhammad Saleh v. The State 1987 PCr.LJ 1411; Sakina Bibi v. The State 2008 SCMR 1111 and Muhammad Hanif v. The State SBLR 2016 Sindh 29 ref. THIS ORDER PASSSED BY: ADNAN-UL-KARIM MEMON, JUSTICE:---.--- The Applicant namely Babar Jameel is seeking post arrest bail in FIR No.D-0307017/2017 registered at Police Station A.N.F-II, Karachi for offences punishable under section 6 read with sections 9(c), 14 and 15 of Control…

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