Law: Criminal Procedure Code (V of 1898)

Section: 497

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 Charas 1120 grams--Contraband charas recovered in a polythene bag--Whether complainant weighed it with or without wrapper when he seized it--Weight of narcotic is at threshold of section 9(c) of CNSA, there is a possibility that case of petitioner would fall within ambit of section 9(b) of CNSA if it turns out that wrapper was not removed--Involvement in four other criminal cases--Held: It is by now well settled that unless a conviction is recorded against a person his mere involvement in other cases would not disentitle him to concession of post-arrest bail--Bail allowed. 1997 SCMR 412; 2012 SCMR 573; 2017 SCMR 279, ref. THIS ORDER PASSED BY: TARIQ SALEEM SHEIKH, JUSTICE---.--- Through this application the Petitioner seeks post-arrest bail in case FIR No. 380/2018 dated 2-9-2018 registered at Police Station Shah Rukan-e-Alam, District Multan, for an offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 (the "CNSA"). 2. The prosecution case as set out in the FIR is that on 2-9-2018 at about 09:20 p.m. the Complainant and other police officials were patrolling near the Vegetable Market when he received a secret information that the Petitioner was selling charas at Rehmanpura Pulli Chowk. He conducted a raid and apprehended the Petitioner with 1120 grams charas and Wattak money of Rs.300/-. 3. Arguments heard. Record perused. 4. It is observed that the contraband charas allegedly recovered from the Petitioner was in a polythene bag. There is nothing on the record to show as to whether the Complainant weighed it with or without the wrapper when he seized it. Since the weight of the narcotic is at the threshold of Section 9(c) of the CNSA, there is a possibility that the…

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