Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497 & 103---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 25---Possessing and trafficking narcotics---Bail, refusal of---Accused was arrested at the spot and huge quantity of charas (3000 grams) was recovered from his possession, which being costly, could not be foisted---Report of Chemical Examiner revealed that recovered property was charas---Accused, had failed to show enmity with the Police or any reason for his false implication in the case---Witnesses in their statements under S.161, Cr.P.C., had fully supported the version of FIR---Offence for which accused had been charged fell within restrictive clause of S.497(1), Cr.P.C.---Application of S.103, Cr.P.C. in such cases had been excluded by S.25 of the Control of Narcotic Substances Act, 1997---No case for exercise of discretion in favour of accused having been made out, bail application being devoid of merits, was dismissed. Noshad v. The State 2012 PCr.LJ 1901 distinguished. THIS ORDER PASSED BY: MUHAMMAD IQBAL MAHAR, J.--- Through instant application, applicant Abdul Sattar who has been indicted in Crime No.55/2017 registered at Police Station Kandhra for offence under section 9(c), CNS Act, 1997, seeks post-arrest bail after rejection of his bail application by learned Sessions Judge/Special Judge CNS, Sukkur vide order dated 24.11.2017. 2. The facts in nut shell are that on 28.09.2017 at 5.15 pm complainant SIP, Ashiq Ali Mirani along with his subordinate staff arrested the applicant-accused from the road near village Ibrahim Dayo, on spy information, and recovered shopper containing 3000 grams of charas in six pieces, each piece was found to be of 500, grams. On inquiry the accused disclosed his name as present applicant. The complainant separated 100 grams from each piece and sealed for Chemical Examiner. Complainant prepared such mashimama in presence of PC Naeem Ahmed and PC Abdul Qadir and brought the accused and property at Police Station and registered the FIR. 3. Learned Counsel for the applicant-accused contends that the applicant is innocent and has been involved in this case at the instance of his enemies; that the…

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