Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 9

Criminal Procedure Code (V of 1898)--- ----S.497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9---Possession of norcotic---Bail, grant of---Further inquiry---Conscious knowledge of accused about the narcotics concealed in the secret cavities, needed further inquiry, because the prosecution had not brought on record any evidence to show his nexus with the contra band with the vehicle, his previous involvement in similar cases or any other overt Act---Bail in circumstances was granted to accused. PLD 2008 Peshawar 59 ref. THIS JUDGMENT DELIVERED BY: SYED YAHYA ZAHID GILANI, JUSTICE:---.- -- The accused petitioner Alamgir was travelling on the front seat of a car, driven by Saghir Ahmad, wherefrom 21 Kg. Chars, placed in secret cavities was recovered. He was declined bail by the lower forum in relevant case vide F.I.R. No.477 dated 28-6-2008 of Police Station Badbher under section 9(c) CNSA. 2. On the instant application, his counsel agitated lack of his conscious knowledge and community of interest with the driver, as the petitioner accused was allegedly travelling on life basis, because there was transport problem at Bara (Khyber Agency), due to military operation, wherefrom the vehicle approached. 3. Learned State counsel resisted the bail…

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