Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotic Substances Act, 1997

Section: 9(c)

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail, grant of--Allegation of--Recovery of charas narcotic substances is implicated in offence mentioned hereinabove--It is an admitted position that narcotic substance weighing about 2.2-kg was recovered from persons sitting in front of car--Fact whether petitioner had conscious knowledge of same is still to be determined during course of trial--Chars recovered from petitioner was about 1.1-kg which though falls under 9-C CNSA; however, is regarded as a borderline case--Case of petitioner is different from his co-accused--Bail was allowed ORDER The petitioner Muhammad Jalal seeks bail after arrest in case FIR No. 107/2020, dated 01.11.2020 under Section 9-C, Control of Narcotic Substances Act, 1997 (CNSA) registered with Police Station ANF, RD, Rawalpindi. 2. The case of the prosecution against the petitioner is that in routine checkup a car Bearing No. ANS-731 was stopped at Motorway link road at about 09:30. Three persons riding in the car were asked to come out of the same and upon checking narcotic substance weighing about 2200 grams charas were recovered from the person sitting in front and from the petitioner a packet containing 1.1-kg charas was recovered. 3. The petitioner filed bail after arrest which was dismissed on 01.12.2020 by the Judge Special Court (CNS), Islamabad. 4. Learned counsel for the petitioner, inter alia, contended that the petitioner was sitting at back and had no conscious knowledge that the passenger in front had narcotic substance. It was submitted that a contraband…

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