Law:

Section:

Criminal Procedure Code (V of 1898)--- ----Ss. 497, 154 & 155---Prevention of Corruption Act (II of 1947), S.5(2)--- Penal Code (XLV of 1860), 5.109/275/274/468/471---Drugs Act (XXXI of 1976), Ss.27(2) & 30(2)---Bail, grant of ---F.I.R. on basis of which proceedings ad been initiated, having not been signed by the complainant, same was without lawful authority being not in accordance with law--.Case against accused was lodged by Assistant Director, F.I.A. on the complaint of Federal Inspector Drugs, whereas according to notification issued by Ministry of Interior and Narcotics Control vide S.H.O. No.826(I)/97, dated 20-9-1997, Ss.468 & 471, P.P.C. had been taken out from the Schedule and F.I.A. had been excluded to investigate into the matter---Sections 274 & 275, P.P.C. having never been included in the Schedule, were also out of purview of F.I.A. to investigate--Section 30(2), Drugs Act, 1976 had made offence under S.27(2) of Drugs Act, 1976 a non-cognizable one and also that no Court other than Drug Court would try an offence punishable under said provision---Alleged offence against accused being at the most punishable with 7 years, would fall out of prohibitory clause of S.497, Cr.P.C.---Grant of bail to accused, in circumstances, was rule whereas refusal was an exception---Allegation against accused required further enquiry and in absence of any reasonable grounds to believe that accused were guilty of alleged offence , accused were entitled to be released on bail. 1994 PCr.LJ 1065 and PLD 1995 SC 34 ref. THIS ORDER PASSED BY: ABDUL HAMEED DOGAR, JUSTICE:---.---- Applicants seek bail in Crime No.5 of 1997 registered at Sub-Circle Criminal Circle II, F.I.A. at Police Station' F.I.A./Crime Circle 11, Karachi under section 5(2) of Prevention of Corruption Act, 1947 read with section 109/275/274/468/471, P.P.C. and section 27(2) of Drugs Act, 1976. The facts in brief of the prosecution case are that this case was lodged on 13-12-1997 by Altaf Hussain, Assistant Director, F.I.A. on the complaint of Ali Akbar Sial, Federal Inspector Drugs. Consequent upon the complaint a raid was conducted on 11-12-1997 by the complainant with the assistance of…

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