Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Khyber Pakhtunkhwa Control of Narcotic Substances Act (XXXI of 2019), S.59---Possession of narcotics---Bail, grant of---Registration of case under repealed Act---Scope---Accused was alleged to have been found in possession of 2400 grams of charas---Case against accused was registered under S.9(c) of Control of Narcotics Substances Act, 1997, which had already been repealed under S.59 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019---Newly added subsection (3) of S.59 of Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019, however, provided that all proceedings done under the Control of Narcotics Substances Act, 1997, were protected till 31st January 2020 and thereafter no law enforcing agency was empowered to register cases under the repealed Act in the Province but the seizing officer handed over the case to ANF officials instead of local police, who registered the case under the repealed Act, which was against the law---Petition for grant of bail was allowed. JUDGMENT IKRAMULLAH KHAN, JUSTICE:---.--- Through the instant bail petition, petitioner Afsar Khan seeks his release on bail in case FIR No.60/2020 dated 12.4.2020, registered under Sections 9-C/15 CNSA, 1997, at Police Station ANF, Peshawar, wherein he is charged for possessing two packets of Charas total weighing 2400 grams, which was recovered by complainant Amir Ullah, Subedar Chitral Scout Khyber Rifles HQ, from the possession of petitioner. 2. I have heard learned counsel for petitioner, learned AAG for the State and gone through the available record. 3. As per contents of FIR, the petitioner was arrested by Chitral Scout Khyber Rifles HQ on 12.4.2020 on the allegation of having in possession of 2400 grams Charas, who was then handed over to the ANF officials and a case under Section 9-C CNSA, 1997, was registered against him which Act has already been repealed under Section 59 of the Khyber Pakhtunkhwa Control of Narcotics Substances Act, 2019, which reads as under:- 59. Repeal and savings.---(1) The Control of Narcotic Substances Act, 1997 (Act No. XXV of 1997),…

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