Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, 1997, S. 9(c)--Bail grant of--Allegation of--Recovery of charas weighing 1265 grams from a black shopper--It is not clear whether eight of recovered substance was conducted with or without shopper--Report of Govt. analyst is still awaited--Petitioner is first offender, having no criminal record--Investigation is complete and petitioner is no more required for further investigation--Post arrest bail is allowed. THIS ORDER PASSED BY: SARDAR MUHAMMAD SARFRAZ DOGAR, JUSTICE---.--- Through the instant petition under Section 497 Cr.P.C., Nauman alias Noma the petitioner seeks his release on post-arrest bail in case FIR No.82 dated 20.02.2019 offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 ("CNSA, 1997") registered at City Sahiwal, District Sahiwal. 2. As per contents of FIR, precisely, on 20.02.2019, when the complainant along with other police officials was on patrol duty, when he received a spy information that petitioner is selling charas in "Pull Bazar", and if a raid be conducted, he may be apprehended. Whereupon, he constituted a raiding party and conducted a raid. On the pointation of informer, he apprehended a person, who disclosed his name as Nauman alias Noma, the petitioner. On his personal search., charas weighing 1265-grams were recovered from a black shopper which he carrying in his right hand alongwith sale proceed of Rs. 300. 3. Heard. Record perused. 4. According to the contents of the FIR, the petitioner was apprehended by the police and 1265-grams charas was allegedly recovered from his possession. Though the alleged recovery apparently falls under Section 9(c) of the CNSA, 1997 but slightly exceeds the maximum limit as prescribed under Section 9(b) of the CNSA, 1997 to bring the case of the petitioner within the mischief of Section 9(c) of the CNSA, 1997. The recovered contraband was wrapped in a polythene shopper and at present, it is not clear as to whether the weight of the recovered substance was conducted with or without the same. Thus fact would be determined by the learned trial Court after…

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