Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 9(C)

Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of 1300 grams of opium---Bail, grant of---Allegation against the accused was that he was selling opium from a Baithak adjacent to his house in late hours of the night (12:50 a.m.) in the month of February---In the month of February, when the weather was cold, selling of narcotics while sitting in a "Baithak" seemed to be something astonishing, when there was remote possibility of attracting any customer at such odd time---Even otherwise accused was alleged to be selling "opium", a contraband the use of which affected the central nervous system of the user, pouring negative impact in the body while making the user dull, depressed, of impaired reflexes, lacking sharpness, turning the user into a sluggish entity---All said aspects when evaluated conjointly, lent support to the argument of the accused qua prosecution story being result of fabrication---Petition for leave to appeal was converted into appeal and allowed and accused was admitted to post-arrest bail. Saeed Ahmed v. State through P.G. Punjab and another PLJ 2018 SC 812 ref. ORDER SAYYED MAZAHAR ALI AKBAR NAQVI, J. has invoked the jurisdiction of this Court under Article 185(3) of the Constitution of Islamic Republic of Pakistan, 1973 calling in question the order of Single Bench of Lahore High Court, Lahore dated 08.06.2020 declining post arrest bail to the petitioner with prayer to grant the same in the interest of safe administration of justice. 2. The petitioner was involved in case bearing FIR No.214/2020 dated 02.02.2020 registered with Police Station Ghulam Muhammad Abad, District Faisalabad, offence under section 9(c) of the Control of Narcotic Substances Act, 1997. As per allegation contained in the crime report it is alleged that the petitioner was selling narcotics while sitting in the "Baithak" adjacent to his house. He was taken into custody. During his personal search a polythene shopper was found containing opium weighing 1300 grams held in his right hand at the time of raid. The raiding party also took into possession one electric weighing machine and sale proceeds…

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