Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotics---Bail, grant of---Boarderline case---Non-availability of report of Forensic Laboratory---Further inquiry---Scope---Accused was alleged to have been found in possession of 1350 grams of charas---Quantity of 1350 grams charas, which was a borderline case and was marginally in excess of the quantity---Samples separated for analysis were sent to the Forensic Laboratory, report whereof was still awaited---Case of accused required further probe and fell within the ambit of subsection (2) of S. 497, Cr.P.C., which entitled him to the concession of bail---Petition for grant of bail was allowed. Aya Khan and another v. The State 2020 SCMR 350; Saeed Ahmed v. The State and others PLJ 2018 SC 812; Naimatullah and another v. The State 2017 MLD 1097 and Shahzad Khizar Hayat v. The State 2014 YLR 849 rel. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S.9---Criminal Procedure Code (V of 1898), S. 497---Possession of narcotics---Bail---Non-availability of report of Forensic Laboratory---Scope---Non-availability of report of Forensic Laboratory in respect of narcotic substances allegedly recovered makes the case of the accused arguable for the purposes of bail. (c) Constitution of Pakistan--- ----Arts.4, 9---Right of individuals to be dealt in accordance with law---Security of person---Scope---Accused person cannot be left at the mercy of the prosecution to remain in jail for an indefinite period---Liberty of an individual has been guaranteed by the Constitution and to have a speedy trial is an inalienable right of every accused person. Imtiaz Ahmed v. The State through Special Prosecutor, ANF 2017 SCMR 1194 rel. Ms. Huma Jamil Babur for Petitioner. Zohaib Gondal, State Counsel with Abdul Hameed, SI for the State. ORDER FIAZ AHMAD ANJUM JANDRAN, J.----Through the instant petition under Section 497, Cr.P.C, the petitioner, (Nauman Mushtaq) seeks his bail after arrest in FIR No.285, dated 19.05.2020, registered under Section 9-C of the Control of Narcotic Substances Act, 1997, at Police Station Koral, Islamabad. 2. According to…

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