Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51---Possessing and trafficking narcotics---Bail, refusal of---On pointation of accused tablets containing ingredients falling within the definition of controlled and psychotropic substances, were recovered from cavities of motor car driven by accused---Search of house of accused, led to discovery and recovery of a huge quantity of such tablets---Samples from the recovered tablets had been sent to Forensic Science Laboratory and as per report thereof, said tablets contained ingredients, which fell within the definition of controlled and psychotropic substances---Said drug was used in clinical pain relief, but was also used by drug users---Plea of accused was that Forensic Science Laboratory having not been equipped with the skill and equipment, was not competent to examine recovered tablets and give any opinion---Validity---Any discussion on the competency of Forensic Science Laboratory to examine the samples of the recovered tablets and authenticity or otherwise of its report; in the light of the rules framed under the Control of Narcotic Substances Act, 1997, would amount to deeper appreciation falling in the domain of the Trial Court---Witnesses to the recovery proceedings, who had no ill-will or enmity with accused, had fully supported the stance of the seizing Officer---Accused, were prima facie connected with the commission of offence; punishment of which fell within the prohibitory clause of S.51 of the Control of Narcotic Substances Act, 1997---Petition for bail was dismissed, in circumstances. THIS ORDER PASSED BY: ROOH-UL-AMIN KHAN, J.--- Through this single order, I, propose to decide the instant bail application and connected Cr. Misc. B. A. No. 191-P/2018, filed by petitioners Aurangzeb and Malook, respectively, for their release on bail in case FIR No.95 dated 28.11.2017, registered under section 9(c), Control of Narcotic Substances Act, 1997 (the Act of 1997), in Police Station Anti-Narcotics Force (ANF), Peshawar. 2. The prosecution case as set forth in the FIR is that on receipt of spy information qua trafficking of huge quantity…

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