Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, 1997, S. 9(c)--Post-arrest bail--Grant of--Recovery of 1160 grams Charas--Grant of--Petitioner was apprehended by police and 1160 grams of "Charas" was allegedly recovered from his possession--"Charas" was wrapped in plastic bag at time of alleged recovery--It is not clear from content of FIR, as to whether "Charas" was taken out of plastic bag or same was weighed along with it when same was being weighed by complainant--Petitioner is not involved in any other case of same nature--Bail allowed. 2016 SCMR 1424; PLJ 2018 SC 812, ref. THIS ORDER PASSED BY: SADIQ MAHMUD KHURRAM, JUSTICE---.--- Through the instant petition under section 497 Cr.P.C, the petitioner, namely Saif Alam is seeking post-arrest bail in the case FIR No. 154 of 2019 dated 28.03.2019 registered at Police Station Dehli Gate, District Multan, in respect of an offence under section 9(c) of the Control of Narcotic Substances Act, 1997. 2. As per record,, the allegation against the petitioner is that on 28.03.2019 he was apprehended by the police and 1160 grams of "Charas" was allegedly recovered from his possession. 3. Arguments heard. Record perused. 4. The weight of the allegedly recovered narcotics is slightly higher than the maximum weight mentioned in section 9(b) of the Control of Narcotic Substances Act, 1997. Obviously a meagre quantity of narcotics substance i.e. 160 grams has brought the case of the present petitioner within the mischief of section 9(c) of the Control of Narcotic Substances Act, 1997. It has been mentioned in the FIR that the above mentioned "Charas" was wrapped in plastic bag at the time of alleged recovery. It is not clear from the contents of the FIR, as to whether the "Charas" was taken out of the plastic bag or the same was weighed along with it when the same was being weighed by the complainant. It will be determined, after recording of the evidence, that what was the net weight of the allegedly recovered "Charas" and as to whether the case of the petitioner falls under section 9(b) of the Control of Narcotic Substances Act, 1997 or it comes under the ambit of section 9(c)…

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