Law: Criminal Procedure Code (V of 1898)

Section: 497-K

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--KPK Control of Narcotic Substances Act, 2019, S. 9(d)--Bail, grant of--Allegation of--Recovery of narcotics--As per prosecution version, petitioner along with narcotics was present in “Dak Ismaeel Khwar” waiting for his customers, but neither any test purchase has conducted nor any instruments such as scale, papers, stapler and narcotic in sachets, usually used by drugs sellers for selling narcotics in small quantity to customers, have been shown recovered from petitioner what to say of recovery of any amount of sale proceeds--Place of occurrence as shown in site plan is a straight ravine (Algadda) leading from East to West and vise versa, and visibility of police seems quite possible from a long distance--Similarly, towards North and South of place of occurrence there are hills--It is not case of prosecution that petitioner on noticing police tried to escape having more than 05 Kgs chars despite having opportunity to makes his escape good in nearby hills or at least throw away narcotics, would still dare to proceeds towards police offer his arrest, is a crucial aspect of case which pinches a prudent mind about authenticity of prosecution story, which is yet to be proved during trial, however, at moment it makes case of petitioner arguable for purpose of bail--Besides, alleged recovered contraband narcotics, as required under mandatory provision of Section 33 KP CNS Act, 2019, have not been produced before learned Special Court/Illaqa Judicial Magistrate at time of production of petitioner for physical remand--FSL report qua samples is not available on file, therefore, it is still uncertain as to whether recovered material was narcotics or something else which further makes case of petitioner arguable for purpose of bail--Investigation is complete and petitioner is no more required for further interrogation--Record is also silent about previous involvement of petitioner in such like offences--Bail was allowed. ORDER Petitioner Muhammad Hanif, seeks post arrest bail in case FIR No. 548 dated 28.11.2020, registered under Section 9(d) Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019, at Police…

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