Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Post-arrest bail grant of--Garda charas while in police custody in a case of possessing illicit arms, disclosed and got recovered three packets, two containing garda charas weighing 1000 gram each and one having heroin 500 gram from car--Nothing had been recovered from direct possession of the petitioner--Investigation has already been completed and he is no more required for further probe--No evidence is collected by the prosecution to show that petitioner was in conscious knowledge of the contraband in the vehicle, case for further inquiry--Bail was allowed. 2021 SCMR 324; PLD 2021 Lahore 105; PLD 1972 SC 81 ref. ORDER Fiaz Ahmad Anjum Jandran, JUSTICE.- Through instant petition under Section 497, Cr.P.C., petitioner (Ibadullah) seeks post-arrest bail in F.I.R No. 157, dated 06.03.2021, registered under Section 9-C of the Control of Narcotics Substances Act, 1997, (“Act of 1997”) at Police Station Lohi-Bher, Islamabad. 2. According to the allegations set-forth in the F.I.R, on 06.03.2021, at about 09:05 pm, petitioner while in police custody in a case of possessing illicit arms, disclosed and got recovered three packets, two containing garda charas weighing 1000 gram each and one having heroin 500 gram from car No. LED-815 Toyota VITZ, Silver Colour, parked within the area of Hiran Maira Road, Islamabad. 3. Learned counsel for the petitioner contends that no recovery has been effected from personal search of the petitioner; that petitioner is neither the owner of the vehicle nor has any nexus with the same; that the story of apprehension of the petitioner and simultaneous recoveries, one under the Arms Ordinance and the second under the Act of 1997, at one and the same time is highly improbable and that petitioner retains no criminal record, therefore, entitled to the concession of bail. Learned counsel relied upon case law reported as 2021 SCMR 324 PLD 2021 Lahore 105. 4. Conversely, learned State Counsel contends that petitioner is not the owner of the vehicle, only key had been in his possession and that none of his belongings were recovered from it while the report of Chemical Examiner is positive.…

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