Law: Criminal Procedure Code (V of 1898)

Section: 161,497(2)

Law: Pakistan Penal Code, 1860

Section: 34,411

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 and trafficking narcotics---Bail, grant of---Further inquiry---Names of the Mashirs did not appear in the F.I.R.---As per prosecution case four pieces of charras were allegedly recovered from accused while prosecution witnesses stated that sample was not drawn from each of the piece of charras allegedly recovered from the accused---Presence of any prosecution witness was not shown in the F.I.R.---Case, in circumstances, was not free from doubt and false implication of accused, could not be ruled out in the circumstances of the case---Case requiring further inquiry in terms of subsection (2) of S.497, Cr.P.C., accused was admitted to bail, in circumstances. THIS ORDER PASSED BY: MUHAMMAD TASNIM, J.--- Applicant is booked in Crime No.100 of 2011 under section 9(c) of C.N.S Act, 1997 at P.S B-Section, Dadu. 2. In the first place, applicant applied for bail before the Sessions Judge, Dadu who dismissed the bail application per order dated 3-8-2011 and against the aforesaid order, present bail application has been filed. 3. The facts as set out in the F.I.R. are that complainant A.S.-I. Ali Asghar Panhwar who being Incharge of P.S. B-Section, stated that present applicant was booked in Crime No.99 of 2011 under section 411, 34, P.P.C. at the same police station and after arrest of the present applicant, his personal search was made and 2 Kgs of charas in 04 pieces was recovered from the applicant and 10 grams from whole of the recovered substance were separated for chemical examination. 4. Learned counsel for the applicant in support of bail application has submitted that present applicant has been falsely implicated by the complainant in this case as he has previous enmity and both belong to caste Panhwar. He says that perusal of the F.I.R. shows that names of the mashirs in whose presence alleged recovery was effected are not mentioned. He further says that other prosecution witnesses who recorded their statements under section 161, Cr.P.C, their presence is not shown in the F.I.R. He further says that another F.I.R. No.99 of 2011 as…

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