Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 59---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic drugs---Bail, refusal of---Section 51, Control of Narcotic Substances Act, 1997 was a clear bar to grant the bail to the accused booked under the Act---Contention of counsel that very arrest of the accused by the local police was illegal was devoid of any force as under S. 59, Cr.P.C. even a private person could arrest an accused who committed a non-bailable and cognizable offence---No doubt local police could register a case in case of recovery of narcotics but soon after registration of FIR the accused and recovered material must be handed over to Anti-Narcotics Force authorities for further proceedings otherwise the very object of Special Law would be made redundant---Accused was, prima facie, linked with the commission of offence---Bail was refused accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Preamble---Intent and object of Act---Intent and object of Control of Narcotic Substances Act, 1997 was to control the production, processing and trafficking of narcotics. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The precise facts of the case are that the petitioner was booked by the local police under section 9(c), C.N.S.A., 1997 for keeping 20 kgs. of charas in his possession, which was recovered from him and FIR No.69/2016 was registered at Police Station Basin Gilgit. 2. The petitioner applied for bail in the Court of Special Judge ANF Gilgit which was refused to him vide order/judgment dated 17-01-2017 and being aggrieved of the said order, he has approached this Court for the concession of bail. 3. The learned counsel for the petitioner mainly attacked on the very registration of FIR, which has been lodged by the local police under Special Law. The learned counsel contends that the local police was not competent to register FIR against the petitioner as after promulgation CNSA-1997, only ANF was competent to register the FIR regarding recovery of narcotics. The learned counsel further contended that the provisions of section 103, Cr.P.C, have been violated and there is no…

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