Law: Criminal Procedure Code (V of 1898)

Section: 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)---Bail, refusal of---Huge quantity of six Kilograms Charas had been recovered from accused---Contents of the F.I.R. revealed that accused was also involved in other criminal cases and also that those cases were compromised, but prima facie involvement of accused in those cases was proved---Accused being a hardened criminal was not entitled to the concession of bail---Investigation in the case was complete and the prosecution had also drawn the complete Challan---Bail was refused. Inayatullah v. The State 2006 PCr.LJ 840 Pesh. and Gul Rehman v. The State 2008 YLR 807 rel. THIS JUDGMENT DELIVERED BY: MUHAMMAD ALAM KHAN, J.--- The petitioner Niazbat son of Lalzad Khan having failed to secure the concession of bail from the Court of Mr. Ishtiaq Taj. Additional Sessions Judge, Nowshera, in case F.I.R. No.811, dated 20-11-2007 under section 9(c) of Control of Narcotic Substances Act read with section 13 Arms Ordinance Police Station Pabbi, District Nowshera, has come to this Court for seeking concession of bail. 2. Briefly narrated the facts of the case are that the complainant Syed Manzoor Ali Khan S.H.O. received a spy information that a person was coming from village Saleh Khan Kotli area via Jrooba hills who is dealing in narcotics. On this information, he along with Muhammad Ishaq A.S.-I., Muhammad Tahir HC, Ajmair Khan, Sikandar, Wali Rehman, Mushtaq FCs along with other police personnel laid a picket and in the mean time, from the hilly area, a person in possession of a Kalashnikov was intercepted. From his personal search, a loaded Kalashnikov along with 30 cartridges of 7.62 bore and Charas were recovered from a black shopping bag. On weighing the Charas, it was found to be six kilograms. Out of the contraband, four grams were sealed in separate parcel and were sent to F.S.L. for chemical examination, the report of which is in positive. 3. It was submitted by the learned counsel for the petitioner that the time of occurrence and time of report has not been mentioned in the murasila but subsequently on 14-1-2008 on the direction of Deputy Public…

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