Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Constitution of Pakistan, 1973

Section: 9(c),29

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) 29---Control of Narcotic Substances (Government Analysts) Rules, 2001, R. 4---Possession of narcotics---Dispatch of sample for test or analysis---Bail, grant of---Scope---Accused was alleged to have been found in possession of 1220 grams of charas and 30 bore pistol---Recovered contraband under R. 4 of the Control of Narcotic Substances (Government Analysts) Rules, 2001, was required to be sent to the nearest narcotic testing laboratory by the Investigating Agency within 3 days but this mandatory requirement was not complied with---Arrow of presumption of illicit recovered articles as per S. 29 of Control of Narcotic Substances Act, 1997, to some extent had been fixed against the accused but it needed to be taken into consideration only when the Investigation Agency had stricto sensu given adherence to the codal modalities and mandatory provisions of special law---Accused was admitted to bail, in circumstances. 2018 PCr.LJ 590 and 2013 SC 270 ref. PLD 1995 SC 334; Muhammad Sarfraz Ansari v. State and others PLD 2021 SC 738; Hayatullah v. Lal Badshah PLD 2009 Pesh. 28 and Jamal Dins case 2012 SCMR 573 rel. (b) Interpretation of statutes--- ----Special and general law---Scope---Special law has got an overriding effect over the general law. (c) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Bail is not a licence of acquittal or exoneration but simply a change of custody and in case of bail the place of custody is only substituted and the court after satisfying itself changes the custody from police and give it to the hands of sureties. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Heinousness of offence---Scope---Heinousness of offences is per se no ground for rejection of bail. (e) Criminal trial--- ----Burden of proof---Scope---If any dent is appearing in the case of prosecution, same is always to be resolved in favour of accused and burden of proving the allegation levelled against the accused is solely on the shoulders of the prosecution. JUDGMENT SYED SHAHID BAHAR, J.--The above titled appeal under Section 48…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492