Law: Criminal Procedure Code (V of 1898)

Section: 497

Criminal Procedure Code (V of 1898)--- ----S. 497---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), Ss. 9(d), 2(c) 29---Possession of narcotics---Bail, grant of---Power of seizure and arrest in public places---Authorized officer---Non-availability of report of Forensic Laboratory---Completion of investigation---Further inquiry---Scope---Accused was alleged to have been found in possession of 1015 grams of charas---Five grams of charas was separated for chemical analysis but neither any copy of the application for sending the sample to Forensic Laboratory was available on record nor any report of the Forensic Laboratory was available which could show that the contraband allegedly recovered from the accused was in fact charas---Powers of seizure and arrest in public places under the Khyber Pakhtunkhwa Control of Narcotic Substances Act, 2019 was conferred upon an authorized officer and the question whether the SHO was duly authorized by Regional Police Officer was to be determined at the trial---Investigation was complete inasmuch as challan was drafted and was ready to be put in Court and the accused was not required by the local police for further investigation---Available record had made the case of accused one of further inquiry entitling him to concession of bail---Bail was allowed, in circumstances. Zahid Sultan v. The State 2019 YLR 2798; Shehzad Khezar Hayat v. The State 2014 YLR 849; Faisal Munir v. The State through Latif Khan ASI Choki Mayar 2013 PCr.LJ 1525 and Faqir Hussain alias Bali v. The State 2014 SCMR 1502 ref. Shehzad Khezar Hayat v. The State 2014 YLR 849 and Fazal Ellahi v. The State 2004 SCMR 235 rel. JUDGMENT SAHIBZADA ASADULLAH, JUSTICE:------ Through the instant petition, the petitioner Shah Mehmood seeks his release on bail in case FIR No.503 dated 25.11.2019 registered under section 9(d) of KP CNS Act, 2019 read with section 216, P.P.C. at police station Pezu, District Lakki Marwat. Earlier, he was refused bail by learned Sessions Judge, Lakki Marwat vide order dated 29.11.2019. It is pertinent to mention that initially the petitioner had filed bail application before this Court which was converted into writ…

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