Sraa Law Associates

14/01/2022

28/06/2021

RECOVERY OF 2040 GRAMS CHARAS
BAIL GRANTED

2021 PCr.LJ 443 Sindh

--Section 497 Criminal Procedure Code (V of 1898) --->> Sections 6, 9(c) Control of Narcotic Substances Act (XXV of 1997) ==== Possession of narcotics-- Bail, grant of-- Further inquiry-- Recovery of 2040 grams Charas-- No private witnesses had been associated in spite of prior spy information received during patrolling of police party-- Delay in sending the representative part for chemical examination required explanation, making a room for further probe-- All the prosecution witnesses were police officials hence, there was no question of tampering with the evidence-- Continuous detention of more than two months as well as minimum punishment could be considered while dealing with bail plea of the accused-- Fact whether recovery of certain amount from the accused was his personal amount or proceeds from selling charas also required evidence at the time of trial-- Accused had succeeded to bring his case within the purview of subsection (2) of S. 497, Cr.P.C.-- Bail granted.