Law: Criminal Procedure Code (V of 1898)

Section: 103,497,550

Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),25,51

Criminal Procedure Code (V of 1898 )--- ----Ss. 497 & 103---Control of Narcotic Substances (XXV of 1997), Ss. 9(c), 25 & 51---Possession of Charas weighing 3700 grams---Bail, refusal of---Huge quantity of narcotic substance---Scope---Further inquiry---Scope---Petitioner contended that provisions of S.103, Cr.P.C. had not been followed and real culprit, in the offence, had been benefitted---Validity---Application of S. 103, Cr.P.C had specifically been excluded by virtue of S.25 of the Control of Narcotic Substances Act, 1997 , therefore, Trial Court had rightly attended the plea of the petitioner---Accused while seeking bail in a case, falling within prohibitory clause of S.497, Cr.P.C., was required to bring his case within the meaning of further inquiry not by raising defence but from collected material , which too, by tentative referral thereof---Section 51, Control of Narcotic Substances Act, 1997, prima facie, had created bar in granting bail in such like cases, therefore, the bail, normally, need not be granted on mere claim of further inquiry ---Contention of the petitioner, regarding his substitution by releasing real culprit, had no substance---In absence of any serious animosity there appeared no reason for the police to implant such huge quantity of charas, which, admittedly, the petitioner had not attempted to establish by placing any documentary material---Aspects like arrangement of measurement tool etc. could not be touched/examined at bail stage as such like questions would always require a response from the concerned---Petitioner had failed to make out a case for the concession of bail---Bail was refused to the petitioner, in circumstances. THIS ORDER PASSED BY: SALAHUDDIN PANHWAR, J.- Applicant Amir son of Mir Zaman has approached this Court seeking bail in Crime No.606/2018, under sections 6/9(c), C.N.S Act, 1997, Police Station Sachal after his bail application was dismissed by the learned trial Court. 2. Brief facts of the case are that Complainant ASI Shakeel Ahmed of Police Station Sachal, lodged FIR alleging that he was patrolling along with accompanied staff; when they reached at Madina Colony near Rahim Raza Society, Karachi at…

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