| Citation(s) |
|---|
| 2018 SLG 1306 2018 SLD 1306 2018 MLD 971 |
Criminal Miscellaneous No. 125 of 2016, decided & hearing on 5-10-2016.
MALIK HAQ NAWAZ, JUSTICE
Burhan Wali for Petitioner. Manzoor Hussain, Special Prosecutor ANF for the State.
MUHAMMAD NABI
VS
THE STATE THROUGH ANF, DISTRICT GILGIT
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotic drugs exceeding one kilo-gram---Bail, dismissal of---Complainant (police) alleged that accused was apprehended in possession of charas (drug)---Accused was caught red-handed and huge quantity of narcotic was recovered from him---Accused was habitual offender and concession of bail could not be decided in favour of such type of criminal---Bail was declined accordingly. THIS ORDER PASSED BY: MALIK HAQ NAWAZ, J.--- The petitioner has been booked under section 9(c) of CNSA, 1997, vide FIR No. 06/2016 dated 04-05-2016 registered at Police Station ANF Gilgit. 2. The brief facts of the instant case have been reflected in Para No. 2 of the judgment of learned Special Judge, Gilgit dated 27-08-2016. Para No. 2 of the judgment is reproduced as under:-- "Briefly stated the facts of the connected case against the accused/petitioner are that on 04-05-2016 at 0540 hours Inspector Muhammad Sharif, incharge, ANF Check post, Sost was present on his duty along with his staff when he received spy telephonic information that one Muhammad Nabi is present with huge quantity of Chars at the PSO Petrol Pump Sost waiting for customer and if prompt action is taken recovery is accepted. On receipt of the information he along with a team of ANF personnel reached at the spot and found the accused carrying a white floor bag in his hand. They overpowered him. The people available there excused to become witnesses as such he checked the bag making HC Wazir Khan and HC Nizamuddin of ANF as witnesses and found 08 packets wrapped in solution tape containing 1000 grams of fine quality chars (garda) each. The total quantity of chars was 8000 grams. He took in possession the contraband cannabis resin and after separating samples from each packet prepared sealed parcels and submitted murasila for registration of FIR. Accordingly, Sub-Inspector Muhammad Ali Khokhar, SHO Police Station, ANF, Gilgit chalked-out FIR No. 05/2016 dated 04-05-2016 under section 9(c) of CNSA." 3. The learned counsel for the petitioner submits the case in hand is false and the petitioner has…
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