Wazir Hassan vs State S — 2026 MLD 555 Gilgit-Baltistan Chief Court

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Wazir Hassan VS State S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Recovery of narcotic substances---Bail, grant of---Further inquiry---Allegation against the accused-applicants was that 04-kilograms and 900-grams charas was recovered from their joint possession---From perusal of record it transpired that the contraband charas was recovered from a bag which was brought before the police from a truck by both the petitioners/accused and driver of said truck was also present at the time of recovery of contraband charas---Said charas was not recovered from the actual possession of the petitioners as bag containing the charas was lying in the truck---However, it was yet to be ascertained as to whether the petitioners/accused were actually in possession of the charas, hence case against the petitioners/accused was one of further inquiry---Moreover, sample of recovered charas had been sent to the Chemical Examiner after delay of more than seven days---Concerned SHO was present before the Court and he had failed to account for delay in sending the sample to the Chemical Examiner---Besides, the record was also silent as to why the sample was sent with such delay to Chemical Examiner---Almost all the proceedings had been conducted by Foot Constable who was also complainant of the case---Recovery had allegedly been effected in front of Police Station in violation of relevant provisions of Control of Narcotic Substances Act, 1997---Station House Officer and Addl. Station House Officer were present in the police station but they had not bothered to conduct recovery proceedings and preliminary investigation---Furthermore, police had failed to record or to take photographs at the time of alleged recovery of charas as the law permitted the use of modern devices or techniques---Moreover, the petitioners/accused were not previous convict and they were behind the bars since their arrest and they were no more required for further investigation---Consequently, bail application was allowed, in circumstances.

Wazir Hassan vs State S — 2026 MLD 555 Gilgit-Baltistan Chief Court

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