Saturday, 12 September 2015

( NARCOTICE SUBSTANCE) 1055 GRAMS CHARAS {PLD 2001 Peshawar 152 and PLJ 2013 Cr.C. (Peshawar) 625}



Pehlwan       vs.               The State

08.11.0000.
Present: Learned counsel for the petitioner.
            Learned DDPP on behalf of State.
            Investigating Officer along with record.

           The instant petition for bail after arrest has been filed   in case FIR No.000/000 dated 22.10.0000 U/S 9-C of C.N.S.A. P.S. ABC, XYZ wherein there is allegation that police recovered 1055-grams Charas from his possession.
2.          It is submitted that the petitioner has been falsely implicated in the case by Abbas SI, who as per provisions of section 21 of C.N.S.A. was not competent to make search and arrest of the accused. That petitioner is behind the bars since 22.10.0000 and he is no more required to the police for any further investigation. That case is also at the border line of the offence of section 9-B & 9-C C.N.S.A, hence petitioner may be allowed post arrest bail. In support of his arguments learned counsel for the petitioner put reliance on the esteemed judgments reported as PLD 2001 Peshawar 152 and PLJ 2013 Cr.C. (Peshawar) 625.
3.           Learned Public Prosecutor opposed the bail petition and prayed for its dismissal.
4.            Arguments heard. Record perused.
5.       Allegedly 1055-grams Charas was recovered by Sub Inspector Police during the day time at Chowk, but no private person was associated to the recovery proceedings. Petitioner has got no previous record of such like cases. He is no more required to the police for any further inquiry. His case is at the border line of the offence of section 9-B & 9-C C.N.S.A., as per pronouncements of the Hon’ble Superior Courts. Prima facie there is also violation of section 21 of C.N.S.A, hence case is of further probe. Petitioner is admitted to post arrest bail in the sum of Rs.50000/- with one surety in the like amount to the satisfaction of this court. File be consigned to record room after its due completion.
Announced.
08.11.0000

Judge

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