Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),29

Law: Qanun-e-Shahadat (10 of 1984)

Section: 38,129(g)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Qanun-e-Shahadat (10 of 1984), Art. 38---Possession of narcotics---Statement to police officer not to be proved---Bail, grant of---Accused not in active possession---Scope---Accused was apprehended while accompanying co-accused who was carrying charas weighing 1520 grams---Narration of the FIR disclosed that recovery of the narcotic was affected from co-accused and the accused was only accompanying him---Mere fact that the accused was accompanying the principal accused did not establish that the contraband was in his active possession or even he had any knowledge about it---Accused was found connected in the case only on the statement of co-accused that charas was being supplied to him by petitioner, which was inadmissible in evidence and could not be relied upon---Admission of an accused before police could not be used against him under Art. 38 of the Qanun-e-Shahadat, 1984---Accused was awaiting his trial, the conclusion of which was not in sight in near future, as such, his further detention in jail would serve no useful purpose for the prosecution---Petition for grant of bail was allowed, in circumstances. The State v. Syed Abdul Qayum 2001 SCMR 14 and Raja Muhammad Younas v. The State 2013 SCMR 669 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 29---Presumption from possession of illicit articles---Scope---General rule is that there is presumption that mens rea, an evil intention or a knowledge of wrongfulness of the act is an essential ingredient in every offence---Prosecution is duty bound to prove that the accused was knowingly in control of something in the circumstances, which showed that he was assenting to being in control of it. (c) Qanun-e-Shahadat (10 of 1984)--- ----Art. 129(b)---Accomplice is unworthy of credit---Scope---Evidence of an accomplice is ordinarily regarded as suspicious; therefore, extent and level of corroboration has to be assessed keeping in view the peculiar facts and surrounding circumstances of the case. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Mere levelling…

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