Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 25---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Possession of narcotic drugs---Bail, refusal of---Three kilograms of charas (narcotic) was allegedly recovered from the accused---Punishment provided under clause (c) of S. 9, Control of Narcotic Substances Act, 1997 was either death, imprisonment for life or imprisonment for a term which might extend to fourteen years with fine which might upto one million rupees---Entire charas was sent to Chemical Examiner for analysis and his report was in positive---Investigation was conducted by officer of local police against whom no allegation of enmity was levelled---Association of any private witness was not the requirement of Control of Narcotic Substances Act, 1997 in view of S. 25 of the said Act which had excluded applicability of S. 103, Cr.P.C.---Non-mentioning of number of slabs of narcotic substance in FIR and memo of recovery was not fatal to prosecution case when number of packets were mentioned---Delay of a few days in sending case property to Chemical Analyzer was of no consequence for the reasons that R. 4 of Control of Narcotic Substance (Government Analysts) Rules, 2001 which prescribed seventy two hours for sending contraband articles to Chemical Analyzer was directory and not mandatory---Sentencing policy was not applicable at bail stage---Sufficient material was available on record to connect accused with commission of alleged offence---Bail was refused accordingly. Zafar v. The State 2008 SCMR 1254 and Socha Gul v. The State 2015 SCMR 1077 rel. Ghulam Murtaza's case PLD 2009 Lah. 362; Ikramullah and others v. The State 2015 SCMR 1002; Waheed Raza Pathan v. The State 2011 YLR 2760; Maqsood Zaman v. The State 2011 YLR 2335 and Muhammad Mudasir v. The State 2010 YLR 2910 ref. THIS ORDER PASSED BY: ZAFAR AHMED RAJPUT, JUSTICE:---.--- Through instant Criminal Bail Application, under section 497 of Cr.P.C., the applicant/accused, namely, Muhammad Laiq alias Suhno son of Dodo Khan seeks post-arrest bail in case FIR No.04 of 2017, registered under section 9(c) of…

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