KUNWAR SINGH vs State S — 2023 YLRN 31 KARACHI-HIGH-COURT-SINDH

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KUNWAR SINGH VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6 & 9---Possession of narcotics---Bail, grant of---Accused not in possession of narcotic substance---Rule of consistency---Scope---Prosecution case was that huge quantity of narcotics and weapons were recovered from a locked house where photostat copies of the CNIC and a special duty card of the accused was found---Police party before entering the house had asked the residents of the area to act as witnesses but they had declined---First Information Report had not specifically stated as to how many persons were asked by the police party to act as witness and the names of such persons had also not been disclosed---Accused was not owner of the house contrary to such claim made in the FIR---Accused was not in possession of the house---Accused had been booked and charged under Ss. 6 & 9(c) of the Control of Narcotic Substances Act, 1997---Section 6 prohibited production, manufacture, extraction, preparation, possession, sale, purchase, distribution, delivery, transportation and/or dispatch of narcotic substance described therein--- Section 9 provided the punishment for the contravention of Ss. 6, 7 & 8---Prima facie, it appeared that the accused was not involved in any of the acts mentioned in S. 6---Case of accused, in circumstances, was one of further inquiry---Co-accused, who was owner of the house, had already been granted bail---Case of accused was on better footing than that of the co-accused---Accused was admitted to post-arrest bail, in circumstances.

KUNWAR SINGH vs State S — 2023 YLRN 31 KARACHI-HIGH-COURT-SINDH

Case information

Judgment text as reported