Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(C)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, 1997, S. 9(c)--Post arrest bail, grant of--Charas 1340 grams was apprehended, while having blue colour shopper in his hand containing 1340 grams charas--Record reveals that allegedly 1340-grams charas, is in excess of marginal side of borderline criteria--In such like cases, Hon’ble Supreme Court of Pakistan granted bail on basis of borderline criteria--Sample separated from it for chemical analysis was sent to N.I.H with a delay of four days for which no plausible explanation has been advanced--Bail was allowed. 2020 SCMR 350; PLJ 2018 SC 812; 2017 MLD 1097; 2016 P.Cr.L.JUSTICE. 1315 ref. Criminal Procedure Code, 1898 (V of 1898)-- ---S. 497--Post arrest bail--Investigation to extent of petitioner has already been completed and he is no more required for further probe--Bail allowed. PLD 1972 SC 81 ref. Criminal Procedure Code, 1898 (V of 1898)-- ---S. 497--Post arrest bail--Mere involvement in other cases without conviction do not disentitle petitioner from concession of bail, if case otherwise calls for further inquiry. 2019 SCMR 1152; 2019 YLR 2891 ref. ORDER Fiaz Ahmed Anjum Jandran, JUSTICE.- Through instant petition under Section 497, Cr.P.C., petitioner (Muhammad Sher) seeks post-arrest bail in F.I.R No. 96, dated 07.02.2021, registered under Section 9-C of the Control of Narcotics Substances Act, 1997 (Act of 1997), at Police Station Ramna, Islamabad. 2. Briefly, the allegations set-forth in the F.I.R are that on 07.02.2021, at about 04:30 p.m, police party headed by Muhammad Asghar SI, while on routine patrolling, apprehended the petitioner from the area of Suzuki Stop, Awami Restaurant, Service Road Badia Mera, Islamabad, having blue colour shopper in his hand containing 1340 grams charas. 3. Learned counsel for the petitioner contends that false recovery has been planted against the petitioner after calling from the house in the police station; that he is tailor by profession; that in fact petitioner retains no criminal record as the cases earlier registered were against his brother who was an addict and has since died; that case of the petitioner falls within…

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