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)---Possession of narcotics---Bail, refusal of---Positive report of Chemical Examiner---Scope---Accused was alleged to have been found in possession of 1630 grams of charas and 940 grams of methamphetamine (Ice)---Narcotics were recovered in a considerable quantity and apparently no reason was available for falsely involving the accused in the case by the police---Narcotics were recovered on spy information and non-association of private witnesses was properly explained by the complainant in the FIR---No specific allegation of animosity was levelled against the raiding police party---Calendar of witnesses was short and all the witnesses were police officials, as such, there was likelihood of conclusion of trial without unnecessary delay---Recovered substances were sent to the Chemical Analyzer and a positive chemical examination report had been received---No case of bail was made out in favour of the accused---Petition for grant of bail was dismissed, in circumstances. ORDER: FAHIM AHMED SIDDIQUI, JUSTICE:---.--- The applicant Muhammad Suleman son of Raham Dil Khan is seeking his release on bail during trial in a case registered against him at PS Pinyari vide Crime No.04/2020 under Section 9 (c) CNS Act, 1997. 2. The learned counsel for the applicant has pressed the instant bail application on several grounds including non-describing of recovered narcotics named as ‘Ice’ as narcotics substance. The learned APG while opposing the instant application has placed her point of view. 3. After grasping the arguments from either side, I have scanned the entire material available on the record. From whatever articulated and placed before me, I have observed as under:- (a) The allegations against the applicant is that he was arrested on a tipoff during patrolling, with a black colour shopper from which 1630 grams of hashish (chars) and 940 gram ‘ice’ were recovered. (b) The recovered narcotics is in considerable quantity and apparently no reason is available for falsely involving the applicant in this case by the police with such quantity of hashish (chars) and the other…

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