Law: Criminal Procedure Code (V of 1898)

Section: 497(5),537

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),21

(a) Criminal Procedure Code (V of 1898)---Ss. 497(5) & 537---Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 21---Constitution of Pakistan (1973), Art.185(3)---Bail, cancellation---Huge quantity of 52 Kgs. of "Charas" was allegedly recovered from the dickey of the taxi of the accused---Police could not possibly foist such a huge quantity of "Charas" upon the accused---High Court had relied heavily upon the technical aspect of the seizure and arrest which was misconceived---Accused was apprehended by police during normal patrol duty and no raid was carried out by the police personnel, and as such S.21 of the Control of Narcotic Substances Act, 1997, was not applicable---Even otherwise, policy party could not be expected to go in search of the officer entitled to arrest the accused being an A.S.-I., on his apprehension---At the most this was an irregularity which was curable under S.537, Cr.P.C.---Second ground weighing with High Court that the investigation was not carried out by an official authorized to do so, was also devoid of substance, as no prejudice had been caused to accused by such investigation and it was merely an irregularity curable under S.537, Cr.P.C.---Bail allowed to accused was cancelled in circumstances. Muhammad Hanif v. The State 2003 SCMR 1237; Muhammad Idrees v. The State PLD 2006 Lah. 780 and The State through Advocate-General v. Bashir PLD 1997 SC 408 ref. Muhammad. Farooq Khan v. The State 2007 PCr.LJ 1103 distinguished. (b) Control of Narcotic Substances Act (XXV of 1997)--- ---Ss. 21 & 9(c)---Criminal Procedure Code (V of 1898), S.537---Investigation by an unauthorized officer is an irregularity---Investigation carried out in the case by an officer not authorized to do so is merely an irregularity, which is curable under S.537, Cr.P.C. JUDGMENT SARMAD JALAL OSMANY, J.---This petition for leave to appeal impugns the order, dated 16-11-2007, passed by the learned Sindh High Court, whereby Criminal Bail Application No.902 of 2007 was allowed and the respondent enlarged on bail. 2. As per the report of the learned Special Judge (C.N.S.), Karachi, dated 24-10-2008, the respondent was served on 23-10-2008 to appear…

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