Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c),6

[Criminal Procedure Code (V of 1898)].......S 497---Control of Narcotic Substances Act (XXV of 1997), Ss.6 & 9(c)---Bail, refusal of---Allegation against the accused was that while he was driving a car, upon searching by the Excise Police, 132 Kgs of Charas in 136 rods was recovered from the concealed cavities under the dashboard of the said vehicle---Co accused was also sitting on the adjacent seat of the car---Contention of the applicant/accused was that bail having been granted to the co-accused, in view of the rule of consistency he was also entitled to bail and that since the samples were not taken from all the recovered rods for chemical analysis the accused deserved grant of bail---Validity---Held, role assigned to the applicant in the case was distinguishable from that of the co-accused, who had been granted bail by High Court and as such applicant/accused could not claim benefit of bail on the rule of consistency---Taking samples from a few rods and leaving other rods could not help the accused at bail stage, as the recovered contraband was available with the Investigating Officer--No enmity had been shown with the Excise Staff for false implication of the accused---Bail was declined by High Court. PLD 2004 SC 856; 2000 MLD 117; 1999 MLD 453; 1989 P.Cr.L.J. 2456; 2007 P.Cr.L.J. 89; Bail Application No. 100 of 2008; 1979 SCMR 9 and 2007 YLR 2742 distinguished. ORDER KHAWAJA NAVEED AHMED, J.---This bail application has been filed on behalf of Applicant Abdul Mannan, who was arrested by the Excise Police in case F.I.R.'No.01/2007, under sections 6/9-C, CNS Act 1997, PS Excise (PIB) Sindh Karachi on 2-2-2007. Allegation against the applicant is that on 2-2-2007 he was apprehended by Nisar Ahmed, Excise Inspector of Provincial Intelligence Bureau, Sindh Karachi while he was driving Toyota car No. V-4077. Another accused namely Muhammad Ismail was sitting with him on the adjacent seat. Upon searching the vehicle, from the concealed cavities under the dashboard of the vehicle 132 Kgs of Charas was recovered in the shape of rods. The main ground urged by the learned counsel for the applicant is that the co-accused Muhammad Ismail has been granted bail by…

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