Law: Customs Act, 1969

Section: 156(1), (8,(89)

Law: Criminal Procedure Code (V of 1898)

Section:

(a) Customs Act (IV of 1969) S. 156-Words and phrases-Word "narcotics". definition of-- Word "narcotics" according to its general meaning means a substance producing drowsiness, sleep, stupor or insensibility -Charas and opium, held, fall within definition of "narcotics." (b) Criminal Procedure Code (V of 1898)  S. 497--Petitioner according to F. 1 R., arrested in very pursuit of car carrying narcotics and subsequently also leading to recoveries--- Case being under investigation, bail declined, in circumstances Customs Act (IV of 1969), S. 156 (1), (8) &,(89). (c) Criminal Procedure Code (V of 1898) S. .497--Petitioner allegedly escaping from car carrying narcotic and question of his identification requiring further inquiry-Bail allowed, in circumstances-Customs Act (IV of 1969); Ss. 156, (1) (8) 89.                                                                                                                      ORDER The petitioners are accused of offences punishable under section 156 (1), (8) and (89) of the Customs Act. The allegation is that in the course of a nakabandi in village Ghazi Kakka at 2 a. m. on 15th September, 1979, Car No. LEE-7677 was seen coming from the side of Shahdra. The raiding party signalled the car to stop but its driver sped off. On a chase by the raiding party in their jeep, they overtook the car. In the meantime three of the passengers of the car managed to escape while the fourth, i.e. Mir Muslim Khan alias Mir Sanam Khan (petitioner No. 1), was apprehended of the persons who had escaped, Shamas Din and Noor Din (petitioner No. 2) were identified. On search of the car. charas weighing 10 seers and opium weighing 2J seers, valued at Rs. 35,000.00, were recovered from a cloth bag inside the dicky of the car. The report was lodged at 11-15 a. m. the same day. Learned counsel for the State submits that…