Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--- ----S. 497--- Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss.9(d), 28, 2(e) 59---Possession of narcotics, power of entry, search, seizure and arrest without warrant, authorized officer, repeal and savings---Bail, refusal of---Habitual offender---Scope---Accused was alleged to have been found in possession of 3330 grams of charas---Accused was arrested red-handed on the spot---Prosecution case was duly corroborated by the marginal witnesses present on the spot coupled with the positive report of Forensic Laboratory---Contention of petitioner was that at the time of registration of FIR, the local police was not authorised to search, seize or arrest a person under S. 28 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, rather the powers were vested in the Authorised Officer---No doubt, at the time of registration of FIR, local police was not empowered to search, seize and arrest under S.28 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019, but newly added subsection (3) of S.59 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019, provided that all actions done and proceedings conducted by local police from 4-09-2019 till 31st January, 2020 were legal---Accused had also been charged in other criminal cases of similar nature which depicted that he was a habitual offender and dealt in narcotics business---Petition for grant of bail was dismissed, in circumstances. JUDGMENT IKRAMULLAH KHAN, JUSTICE:---.--- Through the instant bail petition, petitioner Taufeeq Said seeks his release on bail in case FIR No. 971 dated 25.12.2019, registered under Section 9-D KP CNSA 2019, at Police Station Choora, Mardan, wherein he is charged for possessing three packets of Charas total weighing 3330 grams, which was recovered by local police from his possession. 2. I have heard learned counsel for petitioner, learned AAG for the State and gone through the available record. 3. Perusal of record reveals that petitioner was arrested red handed on the spot while having a plastic bag in his hand, which on search led to the recovery of 3330 grams Charas. The prosecution case is duly…

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