Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 2(d)(ii),9(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail after arrest, grant of--Allegation of--Recovery of two and half kg bhang--No mention or specification as to which particular part the plant was recovered from the petitioner and, the requirements of Section 2(d)(ii) of the Act ibid are not fulfilled, and it would be adjudged by the trial Court after recording evidence at trial if the case of the petitioner falls within the ambit of Section 2(d)(ii) of the Control of Narcotic Substances Act, 1997--Petitioner was in jail since his arrest and his continuous detention for indefinite period would be unfair--Petitioner has got no previous record and, thus, would be believed as first offender. 2018 MLD 1416 ref. Speedy trial-- ----Right of accused--The speedy trial is the right of the accused and nobody can be detained in jail by way of advance punishment. THIS ORDER PASSED BY: SARDAR AHMED NAEEM, JUSTICE---.--- Irshad Hussain, petitioner seeks post-arrest bail in case registered vide F.I.R. No. 656/2018 dated 23.12.2018, under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station Rohilanwali, Muzaffargarh. 2. Allegedly a police contingent apprehended the petitioner and got recovered two and half kilogram Bhang. 3. I have considered the arguments of the learned counsel for the parties and have perused the record, which reflects that no time of occurrence find mentioned…

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