Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Drugs Act (XXXI of 1976), Ss.23 & 27---Possessing of spurious drugs---Bail, grant of---Accused had been charged for violation of S.23 of the Drugs Act, 1976 which carried the punishment for not less than 5 years with fine---Punishment was not to be more than 10 years with fine of Rs.5,00000 (Five Lac)---While deciding bail application, the minimum sentence of the offence had to be kept in view in order to determine, whether the offence fell within the prohibitory clauses of S.497, Cr.P.C., or not---Section 23 of the Drugs Act, 1976 whereunder accused had been booked, had been restricted to the extent of export, import or manufacturing for sale or selling any spurious drug---Mere possession of a spurious drug had not been made punishable under S.27 of Drugs Act, 1976---Offence, accused was charged with, did not fall within the realm of provisions contained in subsection (1) of S.497, Cr.P.C.---Case for grant of bail having been made out, accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, JUSTICE:---.--- The petitioner has sought post-arrest bail in the case FIR No. 10 of 2017 dated 19.04.2017 registered under sections 23 and 27 of the Drugs Act, 1976. 2. The precise allegations contained in the FIR, recorded on the complaint of Mr. Ubaidullah Khan Drug Inspector Gilgit are that on the fateful day the complaint pursuant to a tip-off conducted a raid on "Ziaqa" hotel situated at Punial Road near Imamia Mosque Gilgit and arrested the petitioner and recovered a huge quantity of unregistered drugs from Room No. 105 of the Hotel. After recovery of the unregistered drug (detail is mentioned in FIR) the complainant lodged the instant FIR against the petitioner. After completion of investigations the petitioner was committed to judicial lock up. 3. Heard both the parties and perused the record.…

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