Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

Control of Narcotic Substances Act, 1997 (XXV of 1997)-- ----S. 9(c)--Post arrest bail--Allowed--Recovery of charas--Advance punishment--Non-corroboration of report of Punjab Forensic Science Agency--Exercising of discretion--Quantity of alleged contraband charas recovered from petitioner marginally exceeds from one kilogram and thus this would be interesting question for trial Court to determine if case of petitioner falls under Section 9(b) or 9(c) of CNSA, 1997--Record is silent if case property was put on scale with or without wrapper--Petitioner is behind bars since his arrest and no body can be detained in jail by way of advance punishment--investigation in this case is complete--report of Punjab Forensic Science Agency does not wholly corroborate prosecution version--Petitioner is in jail since his arrest and his continuous detention for indefinite period would be unfair--Case of petitioner is also not hit by embargo of Section 51 of CNSA, 1997, thus, Court is inclined to exercise its discretion in favour of petitioner--Petition was allowed. [Pp. 298 299] A Order Zaigham Abbas, petitioner seeks post arrest bail in case F.I.R. No. 326, dated 18.6.2019 under Section 9(c) of Control of Narcotic Substances Act, 1997 registered at Police Qilla Deedar Singh, district Gujranwala. 2. Allegedly, 1120 grams charas was recovered from the petitioner. Description: A3. Having heard the arguments addressed at the bar and after perusing the…

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