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 narcotic---Bail, refusal of---Conscious knowledge of narcotic---Scope---Accused, who was driver of the vehicle in question, was stopped at police checkpoint and upon search, 20 kilograms of charas was recovered from specially designed secret cavities in the vehicle---Accused was the only person present in the vehicle and was also driving the same---Accused being driver of the vehicle was required to know each and everything about the vehicle as he was solely in-charge of it---Available material indicated that accused had conscious knowledge about presence of narcotics in the vehicle---Alleged offence was punishable with either death or anything not less than life imprisonment, therefore, it was covered by the restrictive (prohibitory) clause of S.497, Cr.P.C---Challan was complete and was likely to be submitted in Trial Court shortly---Bail petition of accused was dismissed, in circumstances. THIS JUDGMENT DELIVERED BY: ASSADULLAH KHAN CHAMKANI, JUSTICE:--- .--- Petitioner Khalid Khan, through the instant petition, seeks his release on bail in case F.I.R. No.585 dated 14-6-2012 registered for offence under section 9(c) CNSA at Police Station Chamkani District Peshawar. 2. On a tip off that huge quantity of narcotics would be smuggled from tribal area to Punjab through Suzuki van bearing registration No.LEC/7346, thus, Ishrat Yar Khan, S.I. along with other police personnel laid Nakabandi at the crime spot when in the meanwhile the said vehicle appeared on the scene, which was signalled to stop. On inquiry, the driver disclosed his name as Khalid Khan, the present petitioner. On search of the vehicle, from inside the roof top loud speakers box 20 packets containing chars pukhta were recovered, which on weighment came out to be 20 KGs. Necessary samples from the contraband were sent to FSL for chemical analysis while rest of the bulk was sealed into separate parcel, hence the case was registered against the petitioner. 3. Learned counsel for petitioner contended that the petitioner is innocent and falsely implicated in the instant case.…

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