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Criminal Procedure Code, 1898 (V of 1898)-- ----S. 498--Control of Narcotic Substances Act, 1997, Ss. 6 & 9, Dangerous Drugs Act, 1930, Ss. 8 & 14--Bail, grant of--Malafidy and gross negligence--Under the relevant Rules, such samples of coca-leaf are to be taken and dispatched to the Laboratory for opinion within 74 hours but investigation officer in this case had failed to do so, as to whether the coca-leaf recovered from possession of the accused were having any intoxicating ingredients or not--Record showed that inspite of a lapse of specified period the complainant/investigation officer had failed to obtain samples from the coca-leaf recovered from possession of the accused and to send the same to the FSL for report--This omission on the part of the complainant/investigation officer was either based on his mala fides or was the result of his gross negligence, both actionable--Huge quantity of coca-leaf had been recovered from possession of the accused, if it was proved that the same had any intoxicating ingredient, then the law had provided severe punishment for the offenders--However, if it was proved that the coca-leaf had no such intoxicating ingredients as mentioned in S. 2(b) of the control of Narcotic Substances Act, 1997 and S. 4(aa) of the Dangerous Drugs Act, 1930, then the case property would be merely empty shells (doda) of coca-leaf or its substance in crushed from and the accused would be presumed to have committed no offence under the sections of laws, with which they were charged and their detention in the Judicial lock-up would amount to illegal confinement--Bail granted. Judgment The learned Addl. Sessions Judge-III, Peshawar by an order-dated 28.7.2006 has refused bail to the accused/petitioners in case FIR No. 374 dated 19.7.2006 of P.S. Daudzai, Peshawar u/Ss. 6/9 of the Control of Narcotic Substances Act, 1997 r/w Ss. 8/14 of the Dangerous Drugs Act, 1930 and now through this petition, they seek bail from this Court. 2. According to the contents of the FIR, there was prior information to the local police of P.S. Daudzai that huge quantity of coca-leaf would be smuggled from Gandaf, Tribal Territory in Truck No. TKO-716 via…

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