2002 PLP 3598 (YLR)

‑‑‑‑S.497‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss.9(c), 25 & 51‑‑ Prohibition (Enforcement of Hadd) Order (4 of 1979), Arts. 3/4‑‑‑Bail, grant of‑‑‑Accused was apprehended red‑handed while in possession of Chards weighing 2‑ K.gs. ‑‑ No ground of bitterness or ill‑will was shown to exist between accused and local police so as to prompt police to falsely implicate accused in the case‑‑‑Provisions of S.103, Cr. P. C. being not applicable to the case by virtue of provisions of S.25 of Control of Narcotic Substances Act, 1997, ground in respect of violation of requirements of S.103, Cr. P. C. was without any substance‑‑Section 51(1) of Control of Narcotic Substances Act, 1997 had put an embargo and prohibition on grant of bail in a case attracting provisions of S.9(c) of Control of Narcotic Substances Act. 1997‑‑‑Challan in the case had already been submitted after completion of investigation and police felt convinced of the guilt accused‑‑‑Prima facie reasonable grounds being available to believe involvement of the accused in offence, his application for grant of bail was dismissed. Nemo for Petitioner. Tanvir Haider Buzdar for the State. Date of hearing: 8th January, 2002. MUHAMMAD FARRUKH MAHMUD, J.‑‑‑Through this petition Abdul Sattar petitioner has sought post‑arrest bail in case F.I.R. No.285 registered at Police Station Saddar, Ali Pur, District Muzaffargarh on 21‑10‑2001 for offences under section 9(c) of the Control of Narcotic Substances Act, 1997 and Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.

2. The petitioner was allegedly apprehended red‑handed while in possession of Charas weighing 2‑1/2 K.gs. There does not appear to be any background of bitterness or ill‑will between the petitioner and the local police so as to prompt the latter to falsely implicate the petitioner in a case of this nature. The ground taken in the present petition in respect of violation of the requirements of section 103, Cr.P.C. is without any substance as by virtue of the provisions of section 25 of the Control of Narcotic Substances Act, 1997 the provisions of section 103, Cr.P.C. are not applicable to a case of this nature. According to subsection (1) of section 51 of the Control of Narcotic Substances Act, 1997 there is an embargo and prohibition vis‑a‑vis grant of bail in a case attracting the provisions of section 9(c) of the said Act. The challan in this case has already been submitted after completion of investigation as the police has already felt convinced of the guilt of the petitioner.

3. For what has been discussed above prima facie reasonable grounds do exist to believe in the petitioner's involvement in the alleged offences and this petition is, therefore, dismissed. H.B.T./A‑633/L Bail refused.