Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 7, 8 & 9(c)---Possession and trafficking of narcotic---Bail, refusal of---Accused driving the vehicle alone---Control and possession over recovered narcotic---Scope---Mixing the recovered narcotic before sending samples--- Scope--- Accused was apprehended at a police barricade and upon search of his vehicle, 14 packets containing a total of 14 kilograms charas were allegedly recovered from the secret cavities of the vehicle---Contentions of accused were that packets of alleged narcotic were initially mixed together and then three samples weighing 10 grams each were sent for chemical analysis, therefore, samples sent did not represent the whole recovered consignment; that narcotic was not recovered from his personal possession but from secret cavities of the vehicle, hence he had no conscious knowledge about it, and that trial had commenced and he was no more required for further investigation---Validity---Accused was driving the car alone and was in charge of it, therefore, same was under his control and possession---Articles lying in the vehicle , in such circumstances, would also be under his control and possession---Some quantity of narcotic was separated from each of the 14 packets and then mixed up, wherefrom three samples of 10 grams each were prepared and only sample of 10 grams was sent for chemical analysis, which denoted that sample sent for analysis represented the whole lot of 14 packets---Challan was complete and trial had commenced---Bail petition of accused was dismissed, in circumstances. PLD 2012 SC 380 distinguished. PLD 2010 SC 1052 rel. JUDGMENT ASSADULLAH KHAN CHAMKANI, J.---Petitioner Muhammad Sadiq, through the instant petition, seeks his release on bail in case F.I.R. No. 25 of 2012 dated 7-5-2012 registered for offence under sections 6, 7, 8 and 9(c) of CNSA at Police Station Custom I and P Branch, Peshawar. 2. On 7-5-2012, there was information to Mr.Ziauddin Wazir, Additional Director Intelligence and Investigation, Peshawar that huge quantity of narcotics would be smuggled from tribal area to Peshawar and thereafter via…

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