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 1230 grams Charas--Grant of--Accused was apprehended by police and 1230 grams of "Charas" was allegedly recovered from his possession--Weight of allegedly recovered narcotics is slightly higher than maximum weight mentioned in section 9(b) of CNSA, 1997--Obviously a meagre quantity of narcotics substance i.e. 230 grams has brought case of present petitioner within mischief of section 9(c) of CNSA, 1997--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 Liaqat Ali alias Liaqi is seeking post-arrest bail in the case FIR No.643 of 2018 dated 12.12.2018 registered at Police Station Shah Shamas, 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 12.12.2018 he was apprehended by the police and 1230 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. 230 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 a 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 bag or the same was weighed alongwith 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) of the Control of Narcotic…

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