Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),51

Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 51---Transportation of narcotic---Bail, refusal of---Scope---Accused was arrested with charas weighing 2470 grams---Mashirnama of arrest and recovery supported the alleged recovery of the narcotic drug---Alleged narcotic was dispatched to the Chemical Examiner and such chemical report was positive and also supported the prosecution version---Narcotic was recovered from the conscious possession of the accused---Accused person's claim of false implication was an issue that could not be attended without going beyond the scope of tentative assessment, a venture prohibited by law---Guilt or innocence of the accused was yet to be established as it would depend on the strength and quality of the evidence produced/to be produced by the prosecution and defense before the Trial Court---Accused was not entitled to the concession of post-arrest bail---Bail application was dismissed, in circum-stances. Ali Khan v. The State 2022 PCr.LJ 690; Muhammad Noman Munir v. The State and another 2020 SCMR 1257 and Bilal Khan v. The State 2021 SCMR 460 ref. ORDER AFTAB AHMED GORAR, J.---Through this bail application, applicant Abdul Jabbar son of Abdul Kareem booked in FIR No.615/2022, registered under Section 6/9-C of the CNS Act, 1997 at Police Station Shahrah-e-Faisal Karachi on refusal of bail moved before the Vth Additional Sessions Judge/MCTC Karachi-East vide order dated 21.06.2022 has approached this court for seeking post arrest bail. 2. In nutshell the facts of the case are that on 15.06.2022 a police party apprehended the applicant who was riding a motorcycle bearing Registration No.SKG-5108 Honda 125 with brown color shopping bag which was kept on petrol tank of that motorcycle and on search found 2470 grams Charas hence the above FIR was registered. 3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case with mala fide intention and ulterior motives; that the alleged recovery of charas has been foisted upon the applicant; that the complainant has not disclosed the name and hulia of…

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