Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Export of narcotics---Bail, grant of---Scope---Prosecution case was that 240 kilograms of tablets namely Zanax, Valium (Diazepam), Penix, Alprazolam were attempted to be shipped abroad through a container by declaring the goods as titles---Alleged medicines were manufactured by pharmaceutical companies under a licence---Such was yet to be determined at trial as to whether the alleged medicated and therapeutic tablets fell within the definition of narcotic drug or psychotropic substance cognizable under the Control of Narcotic Substances Act, 1997, or it was case of violation of Export Policy, Imports and Exports (Control) Act, 1950 or Customs Act, 1969---Guilt of the accused persons required further inquiry---Accused persons were admitted to post-arrest bail, in circumstances. Messrs Boots Company Pakistan Limited v. Central Board of Revenue and 3 others 1994 CLC 1144; Muhammad Naeem and another v. The State and others PLD 2019 SC 669; The State/A.N.F. v. Aleem Haider 2015 SCMR 133; Gul Anwar v. The State 2012 MLD 1521; Muhammad Shafique v. The State 1999 PCr.LJ 830; Jamil A. Durrani v. The State PLD 2003 Kar. 393; Saeed Ahmed v. The State 1996 SCMR 1132; Maulana Abdul Aziz v. The State 2009 SCMR 1210; The State through Deputy Director Anti-Narcotic Force, Karachi v. Syed Abdul Qayyum 2001 SCMR 14; Sakina Bibi v. The State 2008 SCMR 1111 and Criminal Bail Applications Nos. 545 and 837 of 2014 ref. ORDER ZAFAR AHMED RAJPUT, J.---Through instant Criminal Bail Application, applicant/accused Mairajduddin son of Wajeehuddin seeks post-arrest bail in Crime No. 26 of 2021 registered at P.S. A.N.F. Clifton, Karachi under sections 6/9(c), 14, 15 of the Control of Narcotic Substances Act, 1997 (the Act). His earlier application for the same relief bearing No. 120 of 2021 in Special Case No. 52 of 2021 was dismissed by the learned Special Court-II (C.N.S.) Karachi, vide order dated 12.08.2021. 2. As per FIR, on 06.07.2021 at about 2100 hours, complainant Inspector Wajid Hussain along with ANF staff reached ANF Examination Area PICT, Karachi for checking of…

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