Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic drugs---Bail, grant of---Further inquiry---Present case was that of border line between sub-clause (b) and (c) of S. 9, Control of Narcotic Substances Act, 1997---Punishment was to be awarded for the offence to commensurate with the quantity of recovered contraband, therefore, quantum of punishment would be decided by the Trial Court---Whether accused would be liable to maximum punishment in case of proof of guilt after trial and would fall under the prohibitory clause of S. 497, Cr.P.C. was the question requiring further probe---Bail was granted accordingly. THIS JUDGMENT DELIVERED BY: MOHAMMAD IBRAHIM KHAN, JUSTICE:---.--- The 'Murasila' followed by the lodging of the First Information Report pertains to case FIR No.377 dated 11.04.2017 registered under sections 9(c), C.N.S.A. and 15, A.A. at Police Station Matta District Swat. The report says about that the police officials had received an information that notorious smuggler is present in his house and is busy in sale of narcotics. Upon such information, raid was conducted and an accused by the name of Bacha Khan was apprehended. Upon his personal search from right side pocket white plastic bag containing "ICE" weighing 10 grams were recovered along with .30 bore pistol bearing No. H-76274, 3 chargers and 17 live rounds. Later, on further search from doweling room of the said accused a box was recovered which contained two (2) packets of 'Chars', each packet on weighment come to 1000 grams. For chemical analysis 5 grams 'Chars' and 1 gram 'ICE' were separated and sent to the Laboratory, while rest of the recovered contraband Chars and 'ICE' were sealed into separate parcels. 2. On implication of the said accused Bacha Khan in order to seek his liberty an application bearing No. 134/4 of the year 2017 for the grant of similar relief was earlier preferred before the Court of learned Additional Sessions Judge/Izafi Zila Qazi/Judge Special Court Matta Swat, which was dismissed for the all reasons recorded therein on 20.04.2017. 3. Having heard arguments of learned counsel for…

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