Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),51

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.6/9(c) & 51---Possession of narcotics---Bail, grant of---Further inquiry---Bail could not be granted in cases which fell within the exception to S.497, Cr. P. C. or S.51 of Control of Narcotic Substances Act, 1997, however, High Court while hearing the bail application, had to determine without going into deeper appreciation of evidence, whether a prima facie case had been made out for establishing that accused had been implicated in the case on the basis of mala fide or enmity and whether some prima facie evidence existed which could require further inquiry---High Court had the jurisdiction and authority to grant bail in the cases, where accused had made out a case of mala fide---Whenever accused was able to show by cogent reason, the possibility of his false involvement in the case it could be considered a good case for grant of bail---No firearm was recovered by the Police from accused who allegedly was taking heavy load of heroin and he had not tried to rush away when stopped by the Police and stopped at their signal---Prima facie, case subject to further inquiry, had been made out---Accused could have been implicated on the basis of his previous attitude and altercation with Police Authority---Accused was admitted to bail, in circumstances. Imtiaz Ali v. The State 2006 MLD 1961; Muhammad Nawaz v. The State 2007 MLD 1846; Saeed Ahmed v. The State 2003 PCr.LJ 821; Shaukat Mehmood and another v. The State 2000 PCr.LJ 1752; Arab Kori v. The State PCr.LJ 4 and Barat v. The State 2002 PCr.LJ 971 ref. THIS ORDER PASSED BY: MUSHIR ALAM, J.--- This bail application has been filed against order of Judge Special Court II of Control of Narcotics Substance at Karachi dated 1-10-2009 in Special Case No. 288 of 2009 registered in F.I.R. No. 535/09 under section 6/9(C) Narcotics Control Act at Police Station Sohrab Goth Karachi on 19-8-2009. Brief facts of the case are that applicant is a political and social worker of Orangi Town and was apprehended while driving his vehicle No. WAA 917, Make Hi Lux Surf coming from Indus Plaza towards Superhighway in a very…

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