Case Details

Citation(s)
2019 SLG 720 2019 SLD 720 2019 MLD 30
Sindh High Court
Criminal Bail Application Nos. 1811 and 1124 of 2017, decision Dated: 26-03-2018. Hearing Dated: 06-03-2018.
MRS. KAUSAR SULTANA HUSSAIN, JUSTICE
Petitioner(s) by: Syeda Zubaida Shah (in Crl. B.A. No.1811 of 2017).
Respondent(s) by: Mustafa Safvi (in Crl. B.A. No.1124 of 2017). Ms. Abida Parveen, Special Prosecutor for A.N.F.

AYUB MASIH

VS

THE STATE

Law: Criminal Procedure Code (V of 1898)

Section: 103,497

Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),14,15,25,51

Criminal Procedure Code ( V of 1898)--- ----Ss. 497 & 103---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(c), 14, 15, 25 & 51---Possession of narcotic drugs, aiding, abetment or association in narcotic offences--- Post-arrest bail, refusal of---Complainant raided the house of one petitioner and recovered more than 14 kilograms of charras; on his disclosure; charas weighing 8 kilograms was recovered from the house of his neighbour, the other petitioner---Petitioners contended that alleged recovery had been conducted in violation of provision contained under S.103, Cr.P.C---For recovery of contraband more than 1 Kilogram S.9 of Control of Narcotic Substances Act, 1997 provided penalty of death or imprisonment for life or imprisonment for a term which could extend to 14 years and also fine up to one million rupees---Case of the petitioners, therefore, was hit by the prohibition contained in S.51, Control of Narcotic Substances Act, 1997 ---Section 25 of Control of Narcotic Substances Act ,1997 excluded the applicability of S.103, Cr.P.C---Petitioners were not entitled for the concession of bail in circumstances. 2009 SCMR 306 and 2011 PCr.LJ 398 ref. THIS ORDER PASSED BY: MRS. KAUSAR SULTANA HUSSAIN, J.--- By this order, I would like to dispose off two post-arrest Bail Applications No. 1811 of 2017 and 1124 of 2017, submitted by the applicants/accused persons arising out of one and same crime No. 08 of 2017, registered at Police Station A.N.F. Clifton, Karachi for offences under Sections 6/9-C, 14, 15 CNSA, 1997. 2. Brief facts of the prosecution case as disclosed in the FIR No. 08 of 2017 are that complainant Inspector Aftab Ahmed of Police Station A.N.F Clifton, Karachi, lodged the FIR and per contents of the said FIR on 25.2.2017 at about 1430 hours, he raided the house of accused Muhammad Subhan bearing House No. 475, Siraj Colony, Nazimabad No. 2, Karachi, along with his constituted raiding party and on the pointation of accused Subhan recovered 14 K.Gs 400 Grams and 600 Grams Charas from two places of the house. He took the said recovered Charas in his custody and sealed it. The applicant/accused Mohammad Subhan further disclosed that he…
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