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), S. 9---Recovery of 1050 grams of Crystal methamphetamine (ICE) from the possession of accused---Bail, refusal of---1050 grams of amphetamine was shown recovered from the accused-petitioner---Recovered substance was subjected to physical and chemical analysis, its test revealed the sample as ‘amphetamine’---In view of the clear wordings of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (the Act) amphetamine being declared as psychotropic substance, as such, its punishment would be dealt with under the provisions of S. 9 of the Act---In terms of S. 9(d) of the Act, if the quantity of narcotic substance exceeded the limit of 01 KG, the punishment provided was death, imprisonment for life or imprisonment for a term which might be extended to 14 years and with fine---Case of the accused-petitioner was, thus, hit by the prohibitory clause of S. 497, Cr.P.C, besides, as demonstrated by the Chemical Examiner before the court that amphetamine was also a controlled drug and being locally manufactured, it was a most dangerous to the human health---Bail application was dismissed, in circumstances. JUDGMENT IJAZ ANWAR, JUSTICE:---.--- This Bail Application has been filed by the accused/petitioner Irfan son of Rehmat and is seeking his release on bail in case FIR No.736 dated 07.06.2021 under Section 11-C, KPCNSA at Police Station Gulbahar, District Peshawar, wherein, he is charged for the recovery of 1050 grams of ICE from his personal possession. 2. Learned counsel for the accused/petitioner argued that case of the accused is a border line case and according to him, Section 9 of the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 (hereinafter to be referred as ‘the Act of 2019’) will be applicable and as per section 9(c) of ‘the Act of 2019’, the case of the accused does not come within the prohibitory clause of section 497, Cr.P.C. He further argued that as per the FSL report, the recovered substance is proved to be amphetamine and as such, section 11 of ‘the Act of 2019’ is not applicable to the case of the…

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