Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9 & 5i--Bail---Accused was allegedly found in possession of two kilograms of Charas which was punishable with imprisonment for life---Contention that despite recovery of two kilograms of narcotic from the accused, only 150 grams of the same were sent for chemical analysis, had no force---No specific provision or settled principle of law required that entire quantity and not merely a sample out of the narcotic substance recovered from the accused should be sent for chemical analysts---Sample drawn out of the whole lot during investigation could equally be treated as a piece of whole substance---Section 51 of the Control of Narcotic Substances Act, 1997 had also placed embargo on the powers of Court to grant bail---Accused was disallowed bail in circumstances. Nisar Khan v. The State 1997 MLD 1743 and Nazan Shah v. The State 1998 PCr.LJ 1540 distinguished. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9 & 51---Sample drawn out of the whole lot during investigation could equally be treated as a piece of whole substance. THIS ORDER PASSED BY: WAHID BUX BROW, JUSTICE:---.--- The applicant is charged with possession of 2 kilogram of Charas before the Special Judge, Narcotic Substances Mirpurkhas. The offence, it may be observee, is punishable with imprisonment for life. The main ground urged by Mr. Nisar Ahmed Durrani learned counsel for the applicant appears to be that through the quantity of the narcotic recovered from the applicant was two kilogram only 150 grams were sent up for chemical analysis. We are not particularly impressed by this contention. There does not appear to be any specific provision or settled principles of law requiring that the entire quantity, and not merely sample, out of the narcotic substance/drugs recovered from the accused person should be sent up for chemical analysis. The learned counsel placed reliance on the reported case Nisar Khan v. The State (1997 MLD 1743), wherein the Division Bench of Lahore High Court made observations with regard to the quantity of Narcotic Substance to be forwarded to…

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