Law: Criminal Procedure Code (V of 1898)

Section: 497(1)

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3(2)

(a) Criminal Procedure Code (V of 1898)     S. 497(1) Prohibition (Enforcement of Hadd) Order (4 of 1979), Art.3(2) Bail Accused who was allegedly engaged in sale of opium had, according to F.I.R., sold the same even to the decoy customer sent to him and the tainted sale money had also been recovered from his possession ¬Accused was caught red handed with 142 grams of opium Case against accused being punishable with imprisonment for life, was hit by the prohibition contained in S.497(1), Cr.P.C. Accused involved in the narcotics trade did not deserve any leniency or sympathy Non submission of challan within 14 days was hardly a ground for releasing the accused on bail During pendency of bail application before the High Court accused secured bail from the Sessions Court Conduct of the accused in securing bail from the Sessions Court by concealing the fact of the pendency of his petition for the same purpose before the High Court, was by itself sufficient to disentitle him to bail Bail granted to the accused (petitioner) by Sessions Court was recalled in circumstances Earlier bail application of the accused had been dismissed by the Sessions Court after 17 days of the registration of the case whereafter accused applied for grant of bail before High Court ¬Even if it be presumed that non submission of challan for 14 days was a valid ground for grant of bail, then the said ground was available to the accused also when the first bail application was dismissed When the case was listed for hearing, counsel for the accused sought permission to withdraw the bail application, which was not allowed Inquiry from the concerned Jail, revealed that during the pendency of bail application of the accused before High Court accused had secured his release on bail by the same Court which had six weeks earlier declined to grant him bail No fresh ground, .thus, had accrued to the accused after refusal of his first bail application and entertaining a subsequent bail application by the Sessions Court was against all norms of law and propriety and was even offensive to the command of Supreme Court ordained through Zubairs case PLD 1986 SC 173 Such conduct of Sessions…

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