Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

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---Scope---Contents of the FIR did not show that the samples were taken out of the recovered narcotic for chemical examination---Argument that accused was made a prey of animosity and he was involved in the crime by foisting charas upon him could not be overlooked---Plea of animosity was supported, during arguments, by bringing on record material against the police---Witnesses cited in the FIR were police officials working under subordination of complainant, hence, there was no apprehension of tampering the evidence---Trial would determine whether the accused had committed the alleged offence or he had been implicated due to previous animosity as brought by accused on record---Investigation was over and the accused was no more required for further investigation---Accused was admitted to bail. ORDER FAHIM AHMED SIDDIQUI, J.---The applicant is seeking his release on bail during the pendency of trial in a case registered against him through FIR 117/2021 of PS Moro under section 9(c), CNS Act, 1997 Earlier, a similar plea of the applicant was declined by the trial Court. 2. The brief facts of the prosecution case as per FIR lodged against the applicant and co-accused are that on 24.03.2021 at 2200 hours police party of Police Station Moro headed by SIP Hakimuddin Sahito along with his subordinates left PS for patrolling vide entry No 31 and when reached at Byepass near Abbassi Hotel Moro saw black coloured Corrola Car. Model 2012 without number which was signaled to stop, the driver stopped the Car, out of whom four persons got down thereafter the driver drove away the Car. The police party claimed that they have identified driver of the Car to be Khadim Hussain son of Mithal Shah. Then police took personal search of the four persons and recovered charas along with cash respectively from all four apprehended persons/accused. From personal search of present applicant/accused Ismaeel son of Mithal Shah police party recovered 1150 grams of charas from fold of his shalwar and cash of Rs. 1000/- from front pocket of his…

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