Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)-- Further inquiry--Allegation of charas--Narcotics was not recovered--Bail grant of--When petitioner was arrested by police, he was not driving car nor any narcotic was recovered from his exclusive possession rather he was sitting on rear seat of car--Law Officer has confirmed under instructions of police officer present in Court that there is nothing on record to connect petitioner with car. In these circumstances, case of petitioner becomes one of further inquiry falling within ambit of Section 497 Code of Criminal Procedure. He is behind bars since and nothing is to be recovered from him. In this backdrop, no useful purpose shall be served by keeping him incarcerated for an indefinite period--Petition was converted into appeal and was allowed. THIS ORDER PASSED BY: MANZOOR AHMAD MALIK, J.- Through this petition, the petitioner impugns the order dated 17.8.2017 whereby bail was refused to him by the learned Lahore High Court in case. FIR No. 96 dated 16.03.2017, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Phularwan, District Sargodha. 2. The prosecution case, as per FIR, is that on the fateful day a police party, on a secret information, raided at Salam Bhalwal Road, Mian Muqeem Road More where a car was parked. On the driving side of the car co-accused of the petitioner namely Zahid Shah was present who was arrested. Zahid Shah disclosed that he had already handed over two packets of charas to Naeem Rashid who was also arrested and two kilograms of charas was recovered from his possession. The police also arrested Pervaiz Ahmed…

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