Law: Criminal Procedure Code (V of 1898)

Section: 103,497(2)

Law: Police Order (22 of 2002)

Section: 18(4)

Law: Pakistan Penal Code, 1860

Section: 353,504

Law: Control of Narcotics Substances Act, 1997

Section: 6,9,9(c),25,51

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.6, 9(c), 25 & 51---Police Order (22 of 2002), Art. 18(4)---Bail, grant of---Further inquiry---Chemical Analyzer's report had revealed that net weight of Charas, which was 130 grams was received by his office after more than two months of alleged incident---Presumption could be taken that sample was tampered with some mala fide intention---No private person from the locality was associated as Mashir in the case---Provisions of S.103, Cr.P.C. though would not be applicable in view of S.25 of Control of Narcotic Substances Act, 1997, but each case was to be seen on its own merits, nature and circumstances---Inspector himself registered the case and investigated same---Such act of Inspector was a violation of Article 18(4) of the Police Order, 2002---Concession of bail was extended to accused as his case was that of further inquiry. Muhammad Farooq Khan v. The State 2007 PCr.LJ 89; Nadeem v. The State 2007 MLD 1092; Imtiaz Ali v. The State 2006 MLD 1961; Amir Bux v. The State 2007 PCr.LJ 1019; Noor Muhammad v. The State 2007 YLR 1973; Ali Murad v. The State PLD 2007 Kar. 555 and Syed Qamar Ali Shah v. The State PLD 2007 Kar. 562 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 9---Offence under S.9 of Control of Narcotic Substances Act, 1997, though would adversely affect the society, but in the present case, it was yet to be proved that accused was involved in adversely affecting the society---Even if accused was charged with indulging in activities, which were not approved by the society, the society which claimed to be looking after the law and order situation and as custodian of law should follow the law in toto, as no compensation was provided in the judicial system for accused detained, whether for a long or short time and ultimately acquitted. THIS ORDER PASSED BY: GHULAM DASTAGIR A. SHAHANI, J.--- Bail application is submitted on behalf of applicant Dildar Ali Pathan in a crime No.107 of 2008, Police Station Market, Larkana, offence under section 9(c) of the Control of Narcotic Substances Act, 1997. Facts of the prosecution case…

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