Law:

Section:

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Drugs Act, 1976, Ss. 23 & 27--Pakistan Penal Code, (XLV of 1860), S. 109--Post arrest bail, grant of--Prayer for--Violation of--Provision of--Legislature in its wisdom has restricted export, import or manufacture for sale or selling any spurious drug--Mere possession of a spurious drug has not been made punishable u/S. 27 of Drugs Act--Sentence for offence u/S 27 is three years R.I. which falls outside prohibitory clause of S. 497 Cr.P.C.--Petitioner was behind the bars since he had arrested--Keeping him behind the bars, when even commencement of trial is not insight, will not serve ends of justice--Petition allowed. [P. 337] A Order The petitioner seeks post arrest bail in case FIR No. 5 dated 27.6.2006 registered under Sections 23/27 of Drugs Act, 1976 read with Section 13 of Arms Ordinance and Section 109 PPC with Police Station FIA Crime Circle Rawalpindi. 2. Briefly the allegation against the petitioner and his co-accused is that during raid. FIA police apprehended them and on their premises, spurious Substandard and un-registered drugs worth Rs. 10 lacs were recovered. 30 bore un-licenced pistol was also recovered. On inquiry, licence or written legal authority was not produced by the accused persons. 3. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel and perused the record. 4. The petitioner has been charged for…

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