Law: Criminal Procedure Code (V of 1898)

Section: 497,497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),21

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 21---Possession of narcotics---Power of entry, search, seizure and arrest without warrant---Bail, grant of---Delay in sending samples to Laboratory---Non-association of independent witnesses---Completion of investigation---Further inquiry--- Scope--- Accused was apprehended by local police while having 4000 grams charas in his possession---Being a case of prior information, proceedings were conducted by an Assistant Sub-Inspector of Police which was violative of the governing provisions of Control of Narcotic Substances Act, 1997---Samples separated for Forensic Science Laboratory were sent after delay of 6 days, which also made the prosecution case doubtful--- No independent witness was associated with the recovery of contraband---No statement of driver or cleaner of the bus, from which accused was apprehended, was recorded by the Investigating officer---Accused was juvenile as he had placed on record his school leaving certificate---Investigation in the case was complete and he was not required to the prosecution---Case of accused squarely fell under subsection (2) of S. 497, Cr.P.C. calling for further probe into the matter---Bail was allowed, in circumstances. 2012 PCr.LJ 1901 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9---Possession of narcotics---Bail---Scope---Quantity of contraband and the expected quantum of punishment to be awarded at the trial, has to be taken into account while allowing bail to the accused persons. 2013 MLD 1703 ref. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Observations by the High Court while disposing of bail applications are not to be considered during trial of the accused. Shuaib Mehmood Butt v. Iftekharul Haq 1996 SCMR 1845 rel. THIS JUDGMENT DELIVERED BY: AHMAD ALI, J. Saifullah son of Saif-ul-Malook, accused-petitioner, seeks his post arrest bail in case FIR No.361 dated 24.04.2019 for offence under Section 9(c) CNSA, registered at Police Station Khazana, District Peshawar. 2. Brief facts of the case, as per…

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