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---Bail, grant of---Further inquiry---Accused, who was given lift in the car in which some contraband Charas was allegedly being smuggled, was not in the know of the presence of the contraband Charas in the car---On seeing the police party co-accused who was driving the car first tried to flee away with the car, but seeing no chances of his escape, parked the car on the side of the road and fled away-If that confession of accused was . taken into consideration in its entirety which was exculpatory in nature, same would not tend to connect accused with the commission of offence---Co-accused having run away, but accused remained sitting in the car, co-accused could be presumed to have the conscious knowledge of the contraband lying in the car---Conscious possession of accused had to be thrashed out at the time of trial, whether it had made out a case of further inquiry---Prosecution had yet to prove that accused was in any way linked with absconding co-accused---Direct conscious possession had to be shown at the time of trial by the prosecution---Direct link of accused with said crime as well as with co-accused, had also to be established by the prosecution at the time of trial---Accused was admitted to bail, in' circumstances. Akhtar Ali v. The State 2005 PCr.LJ 1947; State through Deputy Director Anti-Narcotics Force Karachi v. Syed Abdul Qayum 2001 SCMR 14 and Gul Zaman v. The State 1999 SCMR 1271 ref. JUDGMENT MUHAMMAD ALAM KHAN, J.---Ashfaq son of Arab Shah r/o Dakhi Mir Abad, Charsadda presently confined at Central Jail, Peshawar has moved this post arrest application, as he has been held up in case F.I.R. No.734 dated 25-11-2007 under section 9 C.N.S.A. of Police Station, Chamkani Tehsil and District, Peshawar. 2. Briefly narrated the facts of the case are that on 25-11-2007 at 1730 hours Rajab Ali, S.H.O., P.S. Chamkani Tehsil and District, Peshawar has received a spy information that through Motor car No.3002-U,Peshawar some contraband Charas are going to be smuggled from Bara a tribal area to Punjab. On this he along with Raees A.S.-I., Muhammad…

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