Law:

Section:

Criminal Procedure Code (V of 1898)-------S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Bail, grant of---Bail was sought by accused on three grounds; that the police, despite having information well in advance, had failed to associate private Mashir; that out of the total two Kilograms of Charas, only 110 grams were sent for chemical analysis and that accused could only be held responsible for 110 grams and not the entire property, as such the offence against him would be covered by S.9(b) of Control of Narcotic Substances Act, 1997, which did not attract the bar contained in S.51 of the said Act and that S.H.O. was the complainant in the case and he had himself acted as Investigating Officer, which cast serious doubt upon the veracity of investigation conducted by him---Validity---Held, S.103, Cr.P.C. was not applicable in the cases under the Control of Narcotic Substances Act, 1997 per S.25 of the said Act; that there was no illegality in sending the sample of 110 grams, as the Trial Court could send the rest of the property for chemical examination on the application of the accused; and that complainant's acting as Investigating Officer in the cases, was also not illegal---Report of inquiry conducted by an honest officer, had indicated that some foul play was found on the part of complainant Inspector otherwise, looking to the general attitude and conduct of the local police, an officer from the police department and that too posted within the same jurisdiction was not expected to give a negative report against his colleague---Matter needed further inquiry coupled with the circumstances given in the F.I.R., which made the case doubtful---Accused having made out a case of bail same was granted to him. Afzaal Ahmed v. The State 2003 SCMR 573; Muhammad Hanif v. The State 2003 SCMR 1237; Ali Muhammad v. The State 2003 SCMR 54 and State v. Bashir and others PLD 1997 SC 408 rel. Altaf Hussain Surahio for the Applicant. Naimatullah Bhurgri, State Counsel. ORDER SYED MAHMOOD ALAM, J.--- This bail application is directed against the order, dated 6-6-2008, passed by the learned Sessions Judge/Special Judge, Narcotics, Shikarpur, in Crime No.70 of…

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