Law: Criminal Laws Reform Ordinance, 2002

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 6, 9(d), 28, 30, 2(c), 33 & 22---Possession of narcotic substance, power of entry search, seizure and arrest without warrant, power to stop and search conveyance, authorized officer, disposal of articles seized and person arrested, establishment of Special Courts---Bail, grant of---Scope---Allegation against the accused was that 4017 grams of charas was recovered from his house---Power of entry, search, seizure and arrest without warrant was vested in the 'authorised officer'---Record was silent with regard to any authorization by the Regional Police Officer to the complainant to perform duties as an authorised officer under the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019---Accused could not be detained behind the bars when the status of complainant himself was dubious---Section 33 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, provided that any person arrested or articles seized under the Act had to be produced within twenty four hours of the arrest or seizure before the Special Court and only a Special Court was conferred with the jurisdiction to take any measures for the disposal of seized articles and person arrested---No notification as to the establishment of the Special Court was issued by the Provincial Government nor judges were appointed there-for---Trial court had to determine whether a Court of Session could pass an order regarding the articles seized and persons arrested or not---Such legal infirmity entitled the accused to concession of bail---Petition for grant of bail was allowed, in circumstances. 1996 SCMR 1845 ref. (b) Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019)--- ----Ss. 28, 30 & 2(c)---Power of entry, search, seizure and arrest without warrant, power to stop and search conveyance, authorized officer---Scope---Power of entry, search, seizure and arrest without warrant is vested in the 'authorised officer'---Authorised officer as defined S. 2(c) is either the officer of the Directorate General not below the rank of Sub-Inspector, authorized by the…

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