Law:

Section:

Criminal Procedure Code (V of 1898)-------S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Constitution of Pakistan (1973), Art.l85(3)---Possession of narcotics---Bail, grant of---Six separate pieces were recovered---Two pieces weighing about 50 grams were forwarded for Chemical Examination, which prima facie did not appear either to be random or representative sample---Question of imposition of maximum sentence, under circumstances, was to be determined during trial---Accused had already remained under custody for over 9 months---Prima facie case for grant of bail was made out, petition for leave to appeal was converted into appeal and accused was admitted to bail, in circumstances. Nadir Khan and others v. The State 1988 SCMR 1899 ref. Mahmood A. Qureshi for Petitioner. Shahadat Ali Awan, Prosecutor-General, Sindh for Respondent. ORDER ZIA PERWEZ, J.---This petition is directed against the order dated 3-4-2009 whereby the learned single Judge of the High Court of Sindh, Circuit Court, Hyderabad dismissed Criminal Application No.S-85 of 2009 seeking bail for the offence recorded under F.I.R. No.161/2008 of Police Station 'A' Section Nawabshah, for the offence under section 9(c), Control of Narcotic Substances Act, 1997. 2. It is stated in the F.I.R. that the accused on seeing police party near Taj Colony on 28-7-2008 at about 1-30 tried to escape. After his arrest in presence of Mashir one plastic packet containing six pieces of Charas weighing 1300 grams were recovered. The recovered pieces were sealed into separate packets out of which 2 small pieces weighing 50 grams were sealed in one packet and forwarded for chemical examination. 3. Mr. Mehmood A. Qureshi learned Advocate Supreme Court for the petitioner contended that the case is lodged due to political rivalry with Shar Tribe of the area in this regard he has also referred to various F.I.Rs. available on record showing recovery of Narcotic Substance against other member of the same Shar Tribe in like manner and circumstances. He further contended that no sample has been drawn from the recovered pieces. Two small pieces forwarded for chemical analysis were not the part of the large…

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