Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 6,7,9,21

(a) Criminal Procedure Code (V of 1898)---   ----S.497---Control of Narcotic Substances Act (XXV of 1997), Ss.6,7, 9 21---Bail, grant of---Search and consequent recovery in case having been made in contravention of provisions of S.21 of Control of Narcotic Substances Act, 1997, such fact alone would entitle accused to be released on bail.   Nasrullah v. The State PLD 2001 Pesh. 152 and Gharibullah v. The State 2002 PCr.LJ 677 ref.   (b) Control of Narcotic Substances Act (XXV of 1997)---   ----S.21---Contravention of provisions of S.21 of Control of Narcotic Substances Act, 1997---Failure to conduct search in compliance with the provisions of S.21 of Control of Narcotic Substances Act, 1997, no doubt could result in release on bail and later on acquittal of accused and thereby could defeat the very purpose of the statute it was enacted for, but the Courts of law were bound to implement the statute otherwise it would amount to be more loyal than the king by importing what was not in the statute---If any anomaly was created through its strict interpretation the very purpose of the statute would be defeated--¬Legislature though could well get it amended but so long as it was a part of the statute, it had to be interpreted as it was.   Bahlol Khattak for Petitioner.   Malik Akhtar Khan for the State.   Date of hearing: 28th February, 2003. JUDGMENT The petitioner who is charged in a case registered against him under sections 6, 7 and 9 of the CNSA, 1997, vide F.T.R. No.665 dated 15-10-2002, Police Station Akora, when failed to get the concession of bail from the lower forum asks therefor, by moving this Court. 2. The learned counsel appearing on behalf of the petitioner contended that the search and consequent recovery were made in contravention of the provisions of section 21 of the CNSA, therefore, this alone will entitle the petitioner to be released on bail. The learned counsel to support his contention placed reliance on the cases of Nasrullah v. The State PLD 2001 Pesh. 152 and Gharibullah v. The State 2002 PCr.LJ 677. 3. The learned counsel appearing on behalf of the State by placing reliance on the case of Mukhtar v. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492