Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotic---Bail, grant of---Quantum of sentence to be considered---Scope---Contention of the accused was that in view of the quantity of substance recovered, he was not likely to be awarded the maximum sentence provided by the statute---Validity---Award of maximum sentence to the accused for possessing four kilograms of charas was doubtful---Court while hearing bail petition was not supposed to keep in mind the maximum sentence provided by the statute but the one which was likely to be entailed by the facts and circumstances of the case, especially, when the ultimate conviction, if any, could repair the wrong caused by the mistaken relief of bail---Accused was allowed bail, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Possession of narcotic---Sentence---Quantum---Scope---Quantum of sentence had to be commensurate with the quantum of substance recovered. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Petitioner Noshad seeks his release on bail in case F.I.R. No.339 dated 7-6-2012 registered for offence under section 9(c), C.N.S.A. at Police Station Tehkal District Peshawar on the ground that in view of the…

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