Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possessing narcotics---Bail, grant of---Further inquiry---Charas weighing five Kgs. in shape of rods, was allegedly recovered from the possession of accused---Memo. was prepared as to the arrest of accused and recovery of the recovered material on the spot before the official witnesses---From secured narcotic substance consisting of five hundred pieces, a sample of one gram each was parcelled and sealed separately for chemical examination---Case appeared to be one of further inquiry on the ground that no public witness was associated for arrest and recovery etc. and to the memo. in question---Said memo. was silent as to the number of rods and pieces secured as sample---Expert report had shown that one envelope parcel was received as stuffed with multiple pieces of charas weighing five hundred grams as net weight---Thirty grams out of the said five hundred grams appeared to have been consumed in the analysis whereas the remaining was kept for being dispatched to or collected from the office of Chemical Examiner---No record was available as to whether the Police had collected the same or not; or whether such material with its wrapper was in existence or not---F.I.R. and the memo. in question both carried reference of departure entry, but not that of arrival entry---Accused was admitted to bail, in circumstances. 2007 MLD 1092; 2009 PCr.LJ 1340 and 2010 SCMR 1160 ref. THIS ORDER PASSED BY: SYED ZAKIR HUSSAIN, J.--- The case pertains to the recovery of charas weighing 5 kgs in shape of rods, the recovery of which is effected from the possession of the applicant by the police party on spy information, from the given place at the given date and time as reported against. The memo. was prepared as to the arrest of the applicant and recovery of the secured material respectively on the spot before the official witnesses, and a sample of the secured narcotic substance, consisting of 500 pieces of one gram each were parceled and sealed separately for chemical examination. The same was sent to the Chemical Examiner as a matter of investigation, whereas, the…

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