Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

(a) Criminal Procedure Code (V of 1898)------- S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Recovery of narcotic substance---Bail, refusal of---Driver of vehicle---Chars weighing 2 kilograms and heroin weighing 100 grams were recovered from beneath the driving seat of vehicle which was being driven by accused---Effect---Driver could not be absolved from the liability, if contraband was transported in the vehicle being driven by him---High Court declined to grant bail on merit lest it could cause prejudice to other side---On tentative assessment of record there existed prima facie case against accused---Bail was refused, in circumstances. Haroon Khan v. The State 2017 PCr.LJ 438 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Recovery of narcotic substance---Bail, grant of---Passenger of vehicle---Case of further inquiry---Charas weighing 2 kilograms and heroin weighing 100 grams were recovered from beneath the driving seat of vehicle in which accused was sitting on front---Effect---When accused was arrested he was not driving the car nor any narcotics was recovered from his exclusive possession rather he was sitting on the front seat of the car---Case of accused was one of further inquiry---Bail was allowed, in circumstances. Hussain Ullah v. The State 2019 SCMR 1651 rel. THIS ORDER PASSED BY: ROZI KHAN BARRECH, JUSTICE:---.--- Applicants Abdul Ghafoor son of Rustam and Sher Ahmed son of Haji Fateh Muhammad seek bail in case FIR No. 33 of 2020 dated 23.02.2020 under section 9(c), Control of Narcotic Substances Act, 1997 registered at Police Station Hub City District Lasbela. They have been refused bail by the learned Additional Sessions Judge-II/Special Judge Control of Narcotic Substances Hub vide order dated 04.03.2020; hence, the instant application for the same purpose. 2. As per contents of FIR, the local police of Police Station Hub City, District Lasbela, during area Gasht received spy information that two persons namely Abdul Ghafoor and Sher Ahmed are doing drug's business in an Alto car bearing No.AUH-691. On the said information the police officials…

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