Law: Criminal Procedure Code (V of 1898)

Section: 103,497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)--Possession of narcotic---Bail, grant of---Documentation made at the time of recovery showed that samples were taken from each piece, but it was not mentioned that what was the quantity taken from each piece recovered out of 1250 grams from which only 10 grams were sent for Chemical Examina tion---In the present case the Control of Narcotic Substances (Government Analysts) Rules, 2001 had been violated, which also created doubt about the genuineness of recovery---Substance recovered had not properly been mentioned separately so far as the quantity separated was concerned, the exact quantity had become doubtful---Where quantity of narcotic substance was found marginally higher than 1000 grams, bail was invariably granted to accused---Accused having made out a case for grant of concession of bail, bail was granted. THIS ORDER PASSED BY: AAMIR RAZA NAQVI, J.--- The applicant has applied bail in respect of Crime No.6 of 2009 registered under section 9(c) of C.N.S. Act at Police Station Dio (Excise) Mirpurkhas. According to allegation, the present applicant was found in possession of 1250 grams of Charas which was recovered from him in presence of mashir Saiful Hussain. According to allegation contained in F.I.R. during a search at about 1830 hours, a Mini Coaster came from Sanghar side from which the present applicant got down. He was searched and two pieces and two rods of Charas were recovered from him. Out of this recovered Charas 10 grams were sent to Chemical Examiner. Learned counsel for applicant states that present applicant is hari/tenant of one Wadera Faisal Wassan and according to learned counsel said Wadera wanted to eject the present applicant from the land and for such purpose he has used the service of his friend, complainant in this matter and registered this false case against the applicant. Learned counsel further submits that requirement of section 103, Cr.P.C. has not been fulfilled and this is a border line case and marginally high quantity from 1000 grams has been recovered in order to make out a case under section 9(c) of C.N.S. Act and…

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