Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9,6(a),2(s),2(k),

(a) Criminal Procedure Code (V of 1898)--- ---S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9, 6 2(za)---Recovery of ketamine---Psychotropic substance---Scope---Accused was alleged to have been found in possession of 5100 grams of ketamine---Acceptance of post arrest bail was mainly urged on the ground that the recovered substance was neither declared narcotic drug nor psychotropic or controlled substance thus no case under S. 9 of Control of Narcotic Substances Act, 1997 could be registered---Held; ketamine hydrochloride was declared as psychotropic substance hence was added at Sr. No. 39-A of the schedule annexed with Control of Narcotic Substances Act, 1997 vide SRO No. 446(I)/2020 dated 6.4.2020 issued by Government of Pakistan---Ketamine was generally used for medical purposes and even on occasions as an anesthesia medicine thus probably it was felt that it came within the exceptions mentioned in S. 6 of Control of Narcotic Substances Act, 1997---As a necessary consequence, the SRO 446(I)/2020 was later withdrawn on 21.8.2020 and as a necessary corollary, the entry at Sr.No. 39-A in schedule of Control of Narcotic Substances Act, 1997 was omitted---Recovery of ketamine could in no manner entail consequences of a criminal case registered under S. 9 of Control of Narcotic Substances Act, 1997---Petition for grant of bail was accepted, in circumstances. Lin Zhiwei v. The State and others 2020 PTD 1095 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9, 6 7---Prohibition of possession of narcotic drugs---Prohibition of import or export of narcotic drugs---Scope---Mischief of S. 9 of Control of Narcotic Substances Act, 1997 is attracted if a person is found to have contravened the provision of Ss. 6, 7 8 of the Act---According to S. 6 of the Act production, manufacturing, extraction, possession, sale and purchase of any narcotic drug, psychotropic substance or controlled substance is prohibited---Eloquent examination of S. 6 of the Act unfolds that said prohibition is not absolute in nature rather is subject to certain exceptions and there is no bar to possess, produce, manufacture such substances for medical, scientific or…

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