RECOVERY OF 10 PACKETS OF Heroin,,, AND 10 KG ICE...
BAIL GRANTED...
2020 YLRN 8 PESHAWAR
SAIDA GUL VS State
S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---bail, grant of---recovery of contraband from secret cavities of vehicle---Conscious knowledge of accused---Previous non-convict---Completion of investigation---Scope---Allegation against accused was that he was sitting on the front seat of the vehicle wherefrom ten packets of heroin were recovered---Alleged contraband was recovered from secret cavities of the vehicle, which, at the relevant time, was being driven by the co-accused while the accused was sitting with him on the front seat thus, the prosecution had yet to prove that the accused had any link with the co-accused---Alleged contraband was not recovered from the direct possession of the accused and the factum of conscious knowledge had also to be determined at the trial after recording evidence---Nothing was available on record to suggest that accused was a previous convict or was involved in such like cases---Accused was behind bars since his arrest---Investigation in the case was complete and the accused was not required for further investigation and keeping him behind the bars served no useful purpose---bail application was allowed, in CIRCUMSTANCES.
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