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), Ss. 9(d), 27 31---Possession of narcotics---Power to issue warrants---Mode of making searches and arrest--- Bail, grant of---Search of dwelling house---Rule of consistency---Further inquiry---Scope---Huge quantity of contraband was recovered from the personal possession of accused as well as from room of the house---No lady constable was associated with the local police---Nothing was available on record to show that the accused was a previous convict---Case of accused was also hit by the rule of consistency as the principal accused had already been released on bail---Search warrant was not obtained because the Court timings were over, however, the information was brought into the notice of the high-ups, but nothing in black and white was available on the file to show that the same was either brought into the notice of their seniors or they had permitted them to conduct raid over the dwelling house---Violation of S.28(2) and directions contained in Ss. 27 31 of Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, had therefore been made---Case of accused was arguable for the purpose of bail---Petition for grant of bail was allowed, in circumstances. JUDGMENT WAQAR AHMAD SETH, C.J.--- Accused/petitioner Riaz Ullah son of Said Muhammad resident of Shakas Jamrud, District Khyber seeks his release on bail who was charged in case registered vide FIR No. 159 dated 28.07.2020 under section 9-D, Control of Narcotics Substances Act, Police Station, Jamrud District Khyber, after refusal from the Court of learned Additional Sessions Judge-I/JSC, Khyber, vide order dated 10.08.2020. Hence the instant bail petition. 2. Brief facts of the case as per contents of FIR are that on 28.07.2020 at 1600 hours, the local police of Police Station Jamrud, District Khyber, while on patrolling in their vicinity, received spy information that huge quantity of contraband in the shape of heroin and opium (Chara) is present in the house of Abidullah, which is going to be smuggled somewhere in the night, upon which, they raided the place of occurrence where three…

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