Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 6/9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss. 6/9(c)---Possession and trafficking of narcotics---Bail, grant of---Further inquiry---Recovery of 1010 grams of "Charas"---Record showed that alleged incident took place in a populated area but prosecution had not bothered to cite any independent person from the locality to witness the event---Chemical report was not available in the file to ascertain whether the material allegedly recovered from the accused was in fact "Charas" or otherwise---All prosecution witnesses were police officials, therefore, there was no possibility of tampering the evidence at the hands of accused---Accused was behind the bars since his arrest; trial had not commenced---Accused had made out a case for grant of bail---Bail was allowed, in circumstance. THIS ORDER PASSED BY: ABDUL MAALIK GADDI, J---Through this Bail Application, the applicant/ accused namely Abdul Ghaffar alias Iqbal son of Allah Dino seeks post arrest bail in Crime No.03/2019 under sections 6/9(c) of CNS Act 1997 registered at Police Station Sir Syed, Karachi. 2. Precisely relevant facts are that on 03.01.2019 at about 0120 hours, the complainant ASI Akhlaq Ahmed of Police Station Sir Syed, Karachi lodged FIR stating therein that he along with his subordinate staff was busy in patrolling for suppression of crimes. During patrolling at about 0300 hours when he reached inside Street, near Chota Qabrustan, Bilal Colony, Sector 7/A, North Karachi, Karachi, he saw a person standing in suspicious condition, to whom he with the help of subordinate staff apprehended. On enquiry the said person disclosed his name as Abdul Ghaffar alias Iqbal son of Allah Dino. Due to non-availability of private witnesses, he was searched in presence of police officials, from accused 1010 grams chars and cash of Rs.220/- being sale proceed were recovered. He sealed the recovered chars and arrested the accused. He brought the accused at police station where a case under section 9(c) of Control of Narcotic Substances Act was registered against accused persons. Hence, this FIR. 3. Learned counsel for the applicant argued that applicant/…

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