Law: Criminal Procedure Code (V of 1898)

Section: 497

[Criminal Procedure Code (V of 1898)]......S 497---Prohibiton (Enforcement of Hadd) Order (4 of 1979), Art.3/4--­Control of Narcotic Substances Ordinance (VI of 1995), S.9-B---Bail, grant of--­Search, seizure and arrest had been made by an A.S. I. of CIA Staff who was not authorized by the Superintendent of Police to conduct investigation in the case and as such the investigation was unlawful---Recovery witnesses were either officials of the Excise or the Police Department and no special reasons were available on record for non-association of respectable inhabitants of the locality in the search arid recovery proceedings---Despatch of insignificant quantity of the recovered narcotics to the Chemical Examiner appeared to be unjustified--­Accused was no longer required for the purpose of investigation---Accused was admitted to bail in circumstances. Iftikhar Ahmad Dani v. The State PLD 1995 Lah. 606 ref. (b) Prohibition (Enforcement of Hadd) Order (4 of 1979)--- ----Art.3/4---Control of Narcotic Substances Ordinance (VI of 1995), S.9-B--­Quantity. of recovered narcotics to be despatched to Chemical Examiner--­Seizing Authorities should retain 1/3rd quantity of the recovered narcotics/intoxicants with them and send rest of the 2/3rd to the Public Analyst for test and examination for determination of the proper forum for trial and the quantum of sentence to be awarded to the accused if found guilty. ORDER SH. IJAZ NISAR, J.---Nasir Khan son of Qadir Khan petitioner seeks bail in case F.I.R. No.218 dated 5-6-1995 registered under Article 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 and section 9-B of Control of Narcotic Substances Ordinance, 1995 at Police Station Ganj Mandi, Rawalpindi. 2. The prosecution case is that Mehmood Akhtar, A.S.I., C.I.A Staff, Rawalpindi on receipt of a secret information raided the house of the petitioner and recovered 185 grams of heroin from his person. On his further disclosure 440 grams of opium and 110 grams of Charas were also recovered from a room of his house. 3. Out of 185 grams of the allegedly recovered heroin 20 grams was sent to the Chemical Examiner, likewise, 50 grams each of Charas and opium was sent for…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492