Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of four kilograms of narcotic substance---Bail, refusal of---Prohibitory clause of S.497, Cr.P.C.---Accused allegedly alighted from vehicle keeping the bag in his hand wherefrom the recovery had been effected---Accused contended that there was contradiction in the nature of Charas given in FIR and of forensic science laboratory report---When there was prior information regarding the smuggling of narcotic by accused and he alighted from the bus as pointed out by the Spy and four kgs of Charas was recovered from him, prima facie linked the accused with the commission of offence falling within the ambit of prohibitory clause of S.497(1), Cr.P.C---For all practical purposes Charas Garda meant the Charas in a raw form which after undergoing some baking process was turned into Charas Pukhta---Colour of both Charas Garda and Charas Pukhta was either brown, brownish or dark brown depending upon the visual evaluation and description---Charas, in the present case, had been mentioned as brown solid in the report Forensic Science Laboratory which was in the affirmative---Bail of the accused was refused, in the circumstances. THIS JUDGMENT DELIVERED BY: QAISER RASHID KHAN, J.--- The accused/petitioner Niaz Ali, seeks bail in case FIR No. 42 dated 19.01.2018, under section 9(c), CNSA, registered at Police Station East Cantt, Peshawar , with the allegations of having been found in possession of 4 Kgs charas. 2. All that the learned counsel for the petitioner urges is that neither any recovery of the contraband charas was made from the possession of the petitioner nor his presence is established at the spot as at that point of time he was present at Karkhano Market. He further contends that the registration number of the Mazda vehicle from which he was allegedly deboarded has not been mentioned in the FIR and more over, there are obvious contradictions in the contents of the FIR where 'charas garda' is alleged to have been recovered from his possession while in the FSL report the recovered item has been shown as 'brown solid'. He further submits that in a…

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