Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 7(b),9(b)

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(b)---Possession of narcotic---Bail, refusal of---Offence against accused was non-bailable---Bail, in each and every case could not be granted, unless the fact and circumstances so permitted---Recovery had been shown and Chemical examination was positive---Facts; and circumstances of each offence were peculiar for different in each incident and findings in one case could not be taken to apply in all its aspects to the other case---Bail was refused in circumstances. Tariq Bashir v. The State PLD 1995 SC 34 and Abdul Majeed v. The State 2008 PCr.LJ 1329 ref. THIS ORDER PASSED BY: SALMAN ANSARI, J.--- This bail application has been moved on behalf of applicant Tariq Mehmood who on 5-4-2008 was intercepted by the Anti-Narcotic Force while he had reached Jinnah International Airport for leaving through flight No.PK-898 for Kaulalampur, on suspicion he was detained and subjected to medical examination and on 6-4-2008, 80 heroin filled capsules were recovered from his intestines which was confirmed to be the heroin, on the subsequent chemical examination, the net weight of the same was found to be 720.00 grams. The F.I.R. was registered and the applicant was arrested in the case, hence this bail application. 2. Learned counsel for applicant has pointed out that the case falls under section 9(b) of the CNS Act, 1997 and punishment is provided for 7 years. In support of his arguments he relied on PLD 1995 SC 34 (Tariq Bashir v. The State), 2008 PCr.LJ 1329 (Abdul Majeed v. The State) where High Court has granted bail in a case where 79 heroin filled capsules were recovered from…

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