Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possessing and trafficking of narcotics---Bail, refusal of---Contention was that in the FIR, charas recovered was 'garda', but the Forensic Science Laboratory report showed the same as 'solid brown', such report could not be looked into at bail stage---Charas 'garda', for all practical purposes, is in semi solid raw form and after going through some baking process, it turns into charas 'Pukhta' and that was how the report had shown 'charas garda' as 'brown solid'---Both the tests were in affirmative; in view of recovery of huge quantity of charas weighing 12 Kgs from the personal possession of accused and the report in respect thereof being in affirmative accused was prima facie connected with the commission of the offence, which squarely fell within the prohibitory clause of S.497, Cr.P.C., holding accused disentitled to bail---Petition for bail was dismissed, in circumstances. THIS ORDER PASSED BY: QAISER RASHID KHAN, JUSTICE:---.--- The accused/petitioner, Shoaib , seeks bail in case FIR No. 837 dated 23.11.2017 registered under sections 9(c), Control of Narcotic Substances Act,1997, Police Station Gulbahar, District Peshawar, with the allegations that 12000 grams charas were recovered from a plastic sack carried by him. 2. Arguments heard and the available record perused. 3. All that the learned counsel for the petitioner vehemently contends is that the accused/petitioner has been falsely charged in the instant case and more so that as per the FIR he was allegedly found to be carrying 12 kgs of charas 'garda' however the FSL report shows the same to be 'brown solid' and hence keeping in view such contradiction, the matter obviously leads to one of further inquiry. The learned counsel placed reliance on the judgment of the august apex court in Cr. A. No. 14-P of 2015 titled "Muhammad Mustafa v. The State" decided on 06.05.2015. The learned AAG, on his turn, opposes the bail petition of the accused/petitioner on the ground that huge quantity of narcotics has been recovered from his possession and thus disentitling him to the concession of bail. 4. As…

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