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, (XXV of 1997), S. 9(c)--Bail Application--Grant of--Apprehension and suspicion--Recovery of 1300 grams Charas and 300 grams Crystal--Granting of bail, principles--It is by now well settled that where two quantum of sentences are provided in statute for purpose of bail, lesser shall be considered, therefore, in such like case question of quantum of sentence would also fall within purview of further inquiry--Even otherwise medical certificates/tests annexed with application show that applicant is a cancer patient, therefore, keeping him behind bar might be dangerous for his life without proper treatment--Bail Application Allowed. ORDER Abdul Hameed Baloch, JUSTICE.- The applicant Rizwan seeks bail in FIR No. 158 of 2019 registered with Police Station Hub City, under Section 9-C of the Control of Narcotic Substances Act, 1997 (“the Act”). Earlier the application filed for the same relief before the learned Special Judge Control of Narcotic Substances, Lasbella at Hub was dismissed vide order dated 31.07.2019. Hence this application. 2. Brief facts of the case are that at the stated date, time and place, the police personnel of the police station Hub city were on usual patrolling, when the applicant was apprehended on suspicion, whereby from his possession 1300 grams Charas and 300 grams Crystal’ were recovered. 3. We have heard the learned counsel for the applicant and learned APG and have gone through the record with their able assistance. Admittedly the alleged recovered contraband was 1300 grams Charas and 300 grams Crystal, and it is a border line case between Clauses (b) and (c) of Section 9 of the CNS Act. As the quantity of the alleged recovered Charas marginally exceeded the limit of 1000 grams, under such circumstances whether the maximum punishment would be awarded or not, the same would be determined at the trial. By now the principles of granting of bail in such like cases are well settled. In the case of Naimatullah v. State (2017 MLD 1097) this Court has elucidated the principles for considering the grant of bail keeping in view the guidance of Hon’able…

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