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MUHAMMAD YOUSUF vs State S — 2023 PCrLJN 37 KARACHI-HIGH-COURT-SINDH

Case information

Citation
2023 PCrLJN 37 KARACHI-HIGH-COURT-SINDH
Court
Sindh High Court
Year
2023
Parties
MUHAMMAD YOUSUF vs State S
Subject matter
Criminal
Provisions referred to
S. 497---; S. 9; Narcotic Substances Act (XXV of 1997); Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

MUHAMMAD YOUSUF VS State S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of 1010 grams of heroin---Bail, grant of---Allegation against the accused was that 1010 grams heroin wrapped in plastic and then again wrapped in a cloth, was recovered from his possession---Record showed that the FIR did not mention whether the weight of heroin mentioned therein was taken with or without its shopper and two wrappings of plastic and cloth---Present was a borderline case between Ss. 9(b) & 9(c) of the Control of Narcotic Substances Act, 1997---Report of the Chemical Examiner though stated the gross weight as 1025 grams and the net weight as 1010 grams, it was not clear whether 1010 grams was net of all four layers enclosing the heroin powder viz. the sealing material, the shopper, the cloth wrapper and then the plastic wrappers---Present was nonetheless a borderline case between Ss. 9(b) & 9(c) of the Control of Narcotic Substances Act, 1997, a fact which could only be determined at the trial--- Accused was allowed bail, in circumstances.

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