Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),21

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 21---Possession of narcotics---Power of entry, search, seizure and arrest without warrant---Bail, grant of---Rule of consistency--- Applicability--- Scope---Non-production of case property before court---Seizure by officer below the rank of Sub-Inspector---Effect---Accused was alleged to have been the driver of a vehicle from the secret cavities of which 7000 grams of charas and 9000 grams of opium was recovered---Co-accused, who got the vehicle on rent, had already been released on bail---Case of accused was hit by the rule of consistency as the principal co-accused had already been released by the court---Seizing officer was the Assistant Sub-Inspector, who was below the rank of Sub-Inspector and was not authorized to seize such narcotic drugs in view of subsection (c) of S. 21 of Control of Narcotic Substances Act, 1997---Case property was not produced before the competent court of law during trial, which was a mandatory requirement under the Control of Narcotic Substances Act, 1997---Accused could not be booked for the commission of offence in the absence of case property---Petition for grant of bail was accepted, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Heinous nature of offence---Scope---Mere heinousness of crime will not disentitle accused to the concession of bail. THIS JUDGMENT DELIVERED BY: WAQAR AHMAD SETH, CHIEF JUSTICE:---.--- Petitioner Yasir son of Qasim Shah resident of Islamabad seeks his release on bail in case FIR No. 248 dated 06.02.2019 under section 9(c) Control of Narcotic Substances Act, 1997, Police Station Hayatabad, Peshawar, on refusal from the Court of learned Additional Sessions Judge-VIII, Peshawar vide order dated 19.03.2019. 2. The case of prosecution as spelt out from the record is that complainant Fayaz Khan, Assistant Sub-Inspector, Police Station concerned present on the crime venue received information that through motorcar bearing registration No. AED-554, huge quantity of narcotics will be smuggled. In the meantime captioned vehicle emerge on the scene, which was…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492