Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(C),15

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) 15---Possession and trafficking of narcotics---Bail, grant of---Further inquiry---Nothing was recovered from the vehicle duly driven by the accused---According to the prosecution the accused pointed out another truck from where certain narcotics were recovered and three persons were arrested---In the FIR it was indicated that the ANF officials were already in the knowledge of the narcotics in the said truck, therefore, any new fact was not discovered on the pointation of the accused---As far as applicability of S. 15 of the Control of Narcotic Substances Act, 1997 was concerned, the trial Court, after recording of evidence, would determine as to whether the said offence was attracted or not---Case of the accused called for further inquiry falling under subsection (2) of S. 497, Cr.P.C.---Petition for leave to appeal was converted into appeal and allowed and accused was released on bail. ORDER SARDAR TARIQ MASOOD, J.--- Through this petition the petitioner Atif-ur-Rehman has impugned the Order dated 23.9.2020 of the Peshawar High Court, D.I. Khan through which post-arrest bail was declined to him in case FIR No.13, registered under section 9(c) of the Control of Narcotic Substances Act, 1997 (CNSA), on 25.7.2020 at Police Station ANF D.I. Khan,…

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