Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotic Substances Ordinance (XXV of 1995)

Section: 9,15

[Criminal Procedure Code (V of 1898)]........S 497---Control of Narcotics Substances Ordinance (XLVII of 1995), Ss. 9 & 15---Bail, grant of---Entire quantity of heroin was recovered from possession of a woman co-accused travelling with accused, but nothing was recovered from accused who was resident of place different from the place of residence of woman from whom heroin was recovered---Question was yet to be determined at trial by the prosecution as to whether accused had any association with woman co-accused---Both Mashirs in case were Excise Department's employees and no reason was assigned as to why no independent Mashirs were associated despite availability of other passengers travelling with accused in the bus---Report of Chemical Examiner was still awaited---State Counsel, in view of such circumstances, had raised no objection to grant of bail to accused---Prima facie case for grant of bail had been made out by accused as case required further enquiry---Bail was granted in circumstances. Mirza Shah v. The State 1992 SCMR 1475 and Saifullah alias Bhola v. The State 1995 MLD 946 ref. ORDER MUHAMMAD ROSHAN ESSANI, J.---This is a bail application filed by the applicant Malak son of Dur Muhammad who is facing trial alongwith co-­accused under section 9 of Control of Narcotics Substance Ordinance (Now Control of Narcotics Substance Act, 1997). The allegations as per F.I.R. No.2 of 1997 lodged on 22-2-1997 by the complainant Muhammad Saleh Keerid, Excise Inspector, Camp at Sakrand are that on 21-2-1997 at 4-45 p.m. spy information, he accompanied by Excise Staff reached National High Way by Pass near Sakrand and stopped a Wagon No.950­580/Hyd coming from Kazi Ahmed and found in the Wagon on lady and two persons in suspicious condition. On enquiries, she disclosed her name as Noor Bibi, while two male persons disclosed their names as Allah Dad and Malak. It is alleged that on search, in all six plastic bags containing each one killo gram heroine powder were recovered from the possession of Mst. Noor Bibi All the three were arrested by the complainant arid such Mashirnama was prepared in presence of Mashirs Hadi Bux and Ayaz Hussain. The applicant moves bail…

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