Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section:

(a) Criminal Procedure Code (V of 1898)     S. 497 Control of Narcotic Substances Act (XXV of 1997), S.9 Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts.3/4 Bail, refusal of Charasweighing 40 grams had been recovered from the possession of the accused through a fake customer (police constable in white clothes) whereas Charas weighing 1000 grams had been recovered from the house of the accused during raid conducted by the local police Nothing was available on file to demonstrate that the accused had been falsely implicated on account of ulterior motive or ill will by the police Prima facie, reasonable grounds did exist to believe in, the accuseds involvement in the offence alleged against him Challan against the accused had been submitted in Court and trial was likely to commence in near future Accused was refused bail in the circumstances.    2000 P Cr. L J 657 ref.   (b) Criminal Procedure Code (V of 1898)     S. 497 Control of Narcotic Substances Act (XXV of 1997), Ss.9 20 Prohibition (Enforcement of Hadd) Order (4 of 1979). Arts.3/4 -Bail Accused had contended that mandatory provisions of S.20 of the Control of Narcotic Substances Act, 1997 had been flagrantly violated ¬Validity Such a submission could not be taken into consideration at bail stage.    (c) Criminal Procedure Code (V of 1898)     Ss. 497 103 Control of Narcotic Substances Act (XXV of 1997), Ss.9 25 Prohibition (Enforcement of Hadd) Order (4 of 1979), Ars.3/4 Bail Plea of the accused was with regard to non compliance with provisions of S.103, Cr.P.C. Validity Plea of the accused was without substance in view of the provisions contained in S.25 of the Control of Narcotic Substances Act, 1997.    Muhammad Ijaz Khan Hoti for Petitioner.   Tariq Javed, Dy.A. G. for the State.   Date of hearing: 31st December, 2002. JUDGMENT In view of the, general complaint that one Nek Muhammad son of Wazir, resident of Village Char Choor. District Mardan, deals in narcotics business, the local police first conducted a test purchase through a police constable and thereafter conducted raid at the house of the…

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