Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotics Substances Act, 1997

Section: 6/9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.6/9(c)---Bail, grant of---Further inquiry---F.I.R., showed that accused was selling Charas, but no purchaser was present at the alleged time of sale of the Charas, because no statement of the purchaser seemed to have been recorded by the Investigating Officer,---Allegation contained in the F.I.R. that accused was selling Charas, seemed to be a vague and fallacious statement---Nowhere in the F.I.R., the complainant had stated that he knew accused previously---Accused had been arrested after about more than six months from the date of alleged incident---Investigating Officer was obliged to get the identification parade of accused held before Magistrate from the other witnesses who were allegedly present at the time of arrest of accused, but no identification parade had been held, which had badly reflected on the case of the prosecution---Samples had also been sent to Chemical Examiner after inordinate delay without just and sufficient explanation---Case of further inquiry having been made out accused was entitled to bail---Accused was admitted to bail, in circumstances. Muhammad Chattal v. The State 2001 YLR 654; Anwar v. The State 2005 MLD 950 and Muhammad Hassan Khan and another v. The State 2007 PCr.LJ 514 ref. ORDER ARSHAD NOOR KHAN, J.---The accused has filed present application with the prayer to release him on bail as he has been challaned to face trial under sections 6/9(c), Narcotics Act, 1997, vide Crime No.60 of 2007 of Police Station Mahmoodabad. The facts as contained in the F.I.R. are that on 17-3-2007, the complainant, Rehmatullah Udho, A.S.-I.P. was on patrolling duty along with his subordinates and during the course of the patrolling he received a spy information that narcotic dealer Sohail alias Gangoo was selling Charas in the nearest street of Moula Madad Hotel, Chanaser Goth. On such information, the complainant along with police party reached at the pointed place where he found the said person selling the Charas, who on seeing the police party, after throwing black bag fled away in the narrow street. He, therefore, secured the said…

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