Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(c) & 51---Possession of narcotic drugs---Bail, refusal of---Accused was arrested red-handed along with charas (narcotic) while he was driving a vehicle---Person on driving seat of the vehicle could be held responsible for transportation of the narcotics having knowledge of the same because possession could be joint one with two or more persons---Discretion under S. 497, Cr.P.C. might not be exercised liberally in case of huge recovery of narcotics---Bail could not be granted to an accused person charged with an offence under Control of Narcotic Substances Act, 1997 or under any other law relating to narcotics where the offence was punishable with death---High Court declined grant of bail. Socha Gul v. The State 2015 SCMR 1077 and Kashif Amir v. The State PLD 2010 SC 1052 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Preamble---Control of Narcotic Substances Act, 1997 had consolidated and amended the law relating to narcotic drugs and psychotropic substances---Legislation controlled and prohibited the prosecution, processing and trafficking of said substances and laid progressive punishments for narcotic offences and provided for constitution of Special Courts having exclusive jurisdiction to try narcotic offences. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Tentative assessment---Scope---Deeper appreciation of record at bail stage could not be gone into but only it was to be seen as to whether the accused was prima facie connected with the commission of offence. THIS ORDER PASSED BY: AFTAB AHMED GORAR, JUSTICE:---.--- Applicant Sheeraz son of Ejaz seeks bail after arrest in case Crime No. 177/2016 registered at Police Station Madina Colony, Karachi under sections 6/9(c) of Control of Narcotic Substances Act, 1997. 2. Record shows that earlier bail application filed by the applicant before the Special Court-II (CNS) Karachi was rejected by order dated 25.05.2017. 3. Pithy facts unveiled from the FIR are that 135 Kgs Charas was recovered from the high Roof Suzuki which was driven by the applicant and other…

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