Law: Criminal Procedure Code (V of 1898)

Section: 497,103

Law: Control of Narcotic Substances Act, 1997

Section: 9(c),25

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497, 103---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c), 25---Trafficking of narcotics---Bail, refusal of---Mode of making searches and arrest---Non-association of independent witnesses---Scope---Accused was alleged to have been apprehended while transporting 2.5 kilograms of methamphetamine which was concealed in a cavity specially designed for concealment under the bus---Accused was admittedly working as Munshi at the bus stand and at this stage his involvement in trafficking the narcotics could not be ruled out---No enmity, ill-will or grudge was alleged against the prosecution witnesses; on the contrary, sufficient material was brought on record by the prosecution on the record---So far as contention of the accused that recovery was not witnessed by persons from public was concerned, High Court observed that S. 25 of Control of Narcotic Substances Act, 1997, excluded the application of S. 103, Cr.P.C.---Larger interest of the public and State demanded that in case of huge recovery of contraband stuff, the discretion under S. 497, Cr.P.C., should not be exercised liberally---Bail application was dismissed, in circumstances. Asghar Ali v. The State 2018 MLD 129; Sayed Ghulam Mustafa v. The State 2007 PCr.LJ 139; Nasir Aziz and another v. The State 2020 YLR 1429; Sher Rehman v. The State 2013 MLD 1703; Hakeem Jamali v. The State 2009 PCr.LJ 695; Kashifullah v. The State 2020 MLD 675; Umar Daraz and another v. The State 2011 PCr.LJ 559; Noshad v. The State 2012 PCr.LJ 1901; Muhammad Saeed Khan and others v. The State 2016 PCr.LJ 730; Hamayun and another v. The State 2013 YLR 2284; Musharraf Khan v. The State 2020 YLR 2060 and Saifullah v. The State 2020 YLR 151 distinguished. The State v. Javed Khan 2010 SCMR 1989 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9, 51--- Criminal Procedure Code (V of 1898), S. 497---Possession of narcotics---Bail---Scope---Control of Narcotic Substances Act, 1997, consolidates and amends the law relating to narcotic drugs and psychotropic substances--- Act controls and prohibits the possession, processing and trafficking of these substances; it…

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