Law: Criminal Procedure Code (V of 1898)

Section: 497,103

Law: Control of Narcotics 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---Possession of narcotics---Bail, refusal of---Search to be made in presence of witnesses---Scope---Accused along with co-accused went to the GPO (General Post Office) to book the parcels containing contraband stuff where they were arrested on the indication of GPO staff---Accused had not come to GPO in good faith with co-accused being co-villager---No enmity, ill-will or grudge was alleged against the prosecution witnesses; on the contrary, sufficient material was brought by the prosecution on record---So far as the contention of accused that recovery was not witnessed by persons from public, High Court observed that S.25 of Control of Narcotic Substances Act, 1997, excluded the application of S. 103, Cr.P.C---Accused was not entitled to the grant of bail---Bail application was dismissed, in circumstances. Muhammad Ullah v. The State 2009 SCMR 954; Abdul Raheem v. The State 2019 MLD 1929; Tahir Khan and another v. The State 2019 MLD 361; Jamalud Din alias Zubair Khan v. The State 2012 SCMR 573; Akhtar v. The State 2014 YLR 772; Shahid v. The State 2013 YLR 1840; Asghar Ali v. The State 2018 MLD 129; Daud v. The State PLJ 2019 Cr.C.(Note) 100; Hakeem Jamali v. The State 2009 PCr.LJ 695; Bahadar Khan v. The State 2000 SCMR 677 and Hussain Ullah v. State and another 2019 SCMR 1651 distinguished. The State v. Javed Khan 2010 SCMR 1989 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9(c)---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 also lays progressive punishments for narcotic offences, Act provides for the constitution of Special Courts having exclusive jurisdiction to try narcotic offences---Section 51 of the Control of Narcotic Substances Act, 1997, provides that bail shall not be granted to an accused person charged with an offence under this Act or under…

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