Law:

Section:

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---Recovery of large quantity of narcotic---Foisting of narcotic upon accused not probable---Effect---During patrolling duty, police conducted personal search of accused and allegedly recovered 3000 grams of charas from his possession---Apparently such huge quantity of charas could not be foisted upon the accused---Although private persons were not associated to act as mashirs, but such aspect of the case required deeper appreciation of evidence, which was not possible at bail stage---Report of Chemical Examiner was in positive---Offence alleged was punishable with death or life imprisonment---Bail application of accused was dismissed in circumstances. ORDER NAIMATULLAH PHULPOTO, J.---Applicant/accused Ali Ahmed Khakhrani seeks bail in Crime No.97 of 2012, registered against the accused at Police Station Naudero, for offence under section 9(c) of the Control of Narcotic Substances Act, 1997. 2. Brief facts of the prosecution case as disclosed in the F.I.R are that on 4-9-2012, complainant A.S.-I. Nazar Muhammad Abro of Police Station Naudero left police station at 9-30 a.m., in the government vehicle along with his subordinate staff, namely, PCs Zahid Ali, Tahir Rafique, and Muhammad Ali for patrolling. During the patrolling, when reached at Rice Canal Regulator, A.S.-I. received spy information that present accused sells charas and he was going by foot on the path of Rice Canal having charas in his possession. On such information, police party proceeded to the pointed place, at 10-30 a.m., they reached at Rice Canal road leading to the Sukkur, where they saw the present accused. He was carrying a black-coloured plastic bag in his hand. He was surrounded and caught hold. His personal search was conducted by A.S.-I. in presence of mashirs PCs Zahid Ali and Muhammad Ali. From the plastic bag three pieces of charas were recovered. Charas was weighed in presence of mashirs named above. Its weight became 3000 grams. Charas was sealed at spot. Accused and case property were brought at Police Station, where case was…

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