Ghous Bakhsh vs State S — 2026 MLD 198 QUETTA-HIGH-COURT-BALOCHISTAN

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Ghous Bakhsh VS State S. 497(2)---Criminal Procedure Code (V of 1898), S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(1)(c)---Possession of charas and opium---Bail on the ground of further inquiry---Scope---Accused was booked under S. 9(1)(c) of the Control of Narcotic Substances Act, 1997, on the allegation of transporting 50-kilograms charas and 10-kilograms opium concealed in the secret cavities of a truck being driven by him---Bail application was pressed on the ground of further inquiry under S. 497(2), Cr.P.C., pointing out glaring discrepancies in the police record and violation of mandatory procedural safeguards---Validity---Perusal of record revealed that although the quantity of recovered narcotics falls within the prohibitory clause of S. 497(1), Cr.P.C., significant loopholes emerged during the tentative assessment of the case material---The raiding party failed to associate any independent private witness from the locality at the time of the alleged massive recovery, despite the interception taking place on a busy national highway near a populated area, in direct violation of S. 103, Cr.P.C.---Moreover, the samples drawn at the spot and dispatched to the Forensic Science Laboratory lacked proper codal compliance, and the register XIX entries maintained at the police station did not corroborate the safe custody and unbroken chain of transmission of the case property---These missing links and procedural lapses brought the case of the accused within the purview of subsection (2) of S. 497, Cr.P.C., requiring further inquiry into his guilt---Rule of consistency was also attracted as co-accused with identical roles had already been admitted to bail by the appellate court---Bail was granted to the accused, subject to furnishing bonds in the sum of Rs. 500,000/- with two sureties in the like amount to the satisfaction of the trial court.

Ghous Bakhsh vs State S — 2026 MLD 198 QUETTA-HIGH-COURT-BALOCHISTAN

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