Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9---Possession of narcotics---Bail, refusal of---Scope---Accused was alleged to have been found in possession of two kilograms of charas while 200 grams of charas was also recovered from right side of his pocket---High Court observed that where the quantity of 400/500 grams marginally exceeded the upper limit of 1000 grams, being borderline cases between Cls. (b) (c) of S.9 of Control of Narcotic Substances Act, 1997, the accused persons were admitted to bail; however, in the present case, besides recovery of 2000 grams of charas 26 grams of crystal was also recovered from the personal possession of accused, thus, it was not a case of borderline---Petition for grant of bail was dismissed, in circumstances. Noor Khan v. State 2012 MLD 1542; Ghulam Murtaza v. State PLD 2009 Lah. 362 and Jamal-ud-Din v. State 2012 SCMR 573 ref. (b) Criminal Procedure Code (V of 1898)--- ----S.497---Bail---Principle---Scope---Court while hearing a bail application is not to keep in view the maximum sentence provided by the statute for the charged offence but the one which is likely to be entailed. Socha Gul v. State 2015 SCMR 1077 rel. JUDGMENT MUHAMMAD HASHIM KHAN KAKAR, J.---Through this application, the applicant viz. Rahim Bakhsh son of Hal-ud-Din, seeks concession of bail in Crime No.90 of 2020 dated 02.5.2020, under section 9(c) of the Control of Narcotic Substances Act, 1979 of Police Station City, District Kech, lodged on the report of one Abdullah, IP, which was declined by the learned Special Judge for CNS, Mekran at Turbat vide order dated 13.05.2020. 2. It is case of the prosecution that on 02.05.2020 at 3:50 p.m. the complainant along with other police personnel of PS City, Turbat during checking at Police Naka at Link Road Overseas Colony, stopped the accused/applicant, who was riding a motorcycle and found a plastic bag on his lap. On search of the said bag they recovered two kilograms of charas, while also recovered 200 grams of charas from right side of his pocket. 3. Mr. Habib-ur-Rehman Baloch, learned counsel for the applicant contended that the instant case…

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