Law: Code of Criminal Procedure (CrPC), 1898

Section: 497(5), 156(2) & 173

Law: Control of Narcotic Substances Act, 1997

Section: 9(c) & 51

Law: Anti Narcotics Force Act, 1997

Section: 6(2)

(a) Criminal Procedure Code (V of 1898)---------Ss. 497(5), 156(2) & 173---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 51---Anti-Narcotics Force Act (III of 1997), S.6(2)---S.R.O.600(I)/97---Bail, cancellation of---Bail was granted to accused on the ground that complainant/Investigating Officer being not S.H.O. of Police Station, he could not investigate case and that legal recovery of Charas, thereby had become doubtful and case of accused needed further inquiry---Validity---No doubt a Sub-Inspector of Police had investigated offence, but that by itself would not brush aside entire proceedings including that of recovery of narcotics---Investigation conducted by Sub-Inspector of Police or for that matter submitting challan by him, would be irregular, but not illegal---Under provisions of S.156(2), Cr.P.C., no proceedings of a Police Officer in any case would, at any stage, be called in-question on the ground that case was one which such officer was not empowered under the said section to investigate--�Irregularities in the matter of submission of challan or a final report under S.173, Cr.P.C. would not, by itself, vitiate proceedings---Order granting bail which suffered from a patent illegality, was set aside and bail granted to accused, was cancelled.State v. Bashir PLD 1997 SC 408 ref.ORDER WAHID BUX BROHI, J.---This is an application for cancellation of bail. The background of this application is that on 25-9-2002, during patrol, Sub-Inspector, Jahangir Khan belonging to P.S. ANF-1, Karachi accompanied by his subordinates received advance information and on the basis thereof he intercepted two persons and secured narcotics from them. A shopping bag containing 178 pieces of Charas weighing 1500 grams was secured from accused Syed Qaiser Shah and 150 pieces of Charas weighing 1300 grams were secured from accused Syed Aman Shah. After drawing samples and preparing seizure memo. F.I.R. was registered at P.S. ANF-1, Karachi. Consequent upon investigation challan was submitted in the Court. The respondents moved an application for bail to the Court of Special Judge-II, which-was heard and decided by order dated 23-2-2004…