Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(b)

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Possession of narcotics---Bail, grant of---Accused was a previous convict---Scope---Accused was alleged to have been found in possession of 510 grams of charas---Record showed that the accused-petitioner was convicted and was placed on probation for one year in terms of S.5 of the Probation of Offenders Ordinance, 1960---Another FIR was registered against him after the completion of the probation period---No allegation was levelled against accused-petitioner that he violated the terms of his bond while it was in force---No proceedings under S.7 of the Ordinance, 1960, were initiated against the accused-petitioner and he was never sentenced for the original offence---In such circumstances, accused-petitioner was entitled to the benefit of S.11(2) of the Ordinance, 1960, and the said conviction could not be pressed as a ground to refuse him bail in the present case---Application for pose-arrest bail was allowed, in circumstance. Inspector-General of Police Punjab, Lahore and others v. Mahmood Ikram 1998 SCMR 765; Zulfiqar Abbas v. The State 2007 PCr.LJ 306; Mumtaz Ali and others v. District Returning Officer and others 2008 SCMR 751 and Nasrullah and another v. Haji Usman Ghani and 5 others 2002 CLC 1925 rel. Nadeem Nawaz Khan Vardag for Petitioner. Ms. Rahat Majeed, Assistant District Public Prosecutor with Iqbal/ASI for Respondents. ORDER TARIQ SALEEM SHEIKH, JUSTICE:---.--- Through this application the Petitioner seeks post-arrest in case FIR No.577/2021 dated 26.12.2021 registered at Police Station Saddar Renala Khurd, District Okara, for an offence under section 9(b) of the Control of Narcotic Substances Act, 1997 (the “CNSA”). 2. As per FIR, the prosecution case is that on 26.12.2021 at 9:05 p.m. the Complainant, Iqbal Hassan/TASI, was patrolling along with other police officials on Chochak Road in Chak No.4/1-RA when he noticed a man turning around on seeing them. This made him suspicious so he asked him to halt for checking. The man identified himself as Abid alias Chirri and his personal search led to the recovery of 510 grams charas. Possession…

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