Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Pakistan Penal Code, 1860

Section: 295A,295B,295C

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail after arrest--Allowed--Allegation of--Recovery of contraband heroin--No doubt, huge quantity of contraband has been recovered from vehicle, which was being driven by petitioner at relevant time, but vide recovery memo. I.O. separated samples from whole stuff and sent to FSL for analysis, which have been received to it while as per law, same were required to be received within seventy-two (72) hours--Moreover, challan in case has been submitted in Court and charge was framed against petitioner but uptill now, trial has not been concluded--Speedy trial is constitutional right of every accused, which cannot be denied. 2017 SCMR 1194, PLD 2017 Supreme Court 147, ref. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, JUSTICE---.--- Petitioner, Daud son of Nandar, seeks his post arrest bail in case FIR No. 953 dated 01.05.2016 under Section 9(c) Control of Narcotic Substances Act, 1997 registered at Police Station Hayatabad, Peshawar. He has been refused bail by the learned Additional Sessions Judge-V/Judge Special Court, Peshawar vide order dated 29.11.2017; hence, the instant petition for the same purpose. 2. As per contents of F.I.R. on 01.05.2016, the local police of PS Hayatabad, Peshawar was present during nakabandi, when in the meanwhile, Suzuki Pick-up bearing registration No. 1338/KPK came and signaled to stop but the driver accelerated its speed, which was chased through mobile pick-up and when it was stopped at the place of occurrence, the person sitting on front seat fled away while the driver, who also ran away, was overpowered and disclosed his name as Daud son of Nandar (petitioner). The search of vehicle led to recovery of ten (10) packets heroin each packets 1000 grams total ten Kgs from its front seat, out of which, 1/1 grams each were separated for analysis through FSL and the remaining stuff was separately sealed in a parcel. The accused was arrested on the spot and a case under the above section of law was registered against him. 3. Arguments heard and record perused. 4. No doubt, huge quantity of contraband has been recovered from…

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