Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(b)(c)

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(b) & 9(c)---Possession of narcotic---Bail, grant of---Borderline case between 9(b) & 9(c) of Control of Narcotic Substances Act, 1997---Benefit of doubt to accused--- Vehicle in which the accused and co-accused were travelling was intercepted on a highway, and on checking of the same 1100 grams of heroin powder contained in plastic shopper bag was recovered---Neither the FIR nor the recovery memo mentioned whether it was the net or gross weight of the narcotic---In such circumstances it became a border line case between Ss. 9(b) & 9(c) of Control of Narcotic Substances Act, 1997---Benefit of doubt in this regard was to go to the accused---Accused and co-accused were granted bail accordingly. Manzoor and 4 others v. The State PLD 1972 SC 81 ref. THIS ORDER PASSED BY: DOST MUHAMMAD KHAN, J.--- Petitioner is seeking leave to appeal against the judgment/order of the Peshawar High Court dated 28.11.2015, where they were refused bail in case FIR No.878 dated 11.10.2015, registered by Police Station Gulbahar, Peshawar for crime under section 9(c) of the Control of Narcotic Substances Act, 1997 because the car in which the petitioners were travelling were intercepted at G.T. Road,…

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