Law:

Section:

Criminal Procedure Code (V of 1898).......... .......... Section 497(2)..........Control of Narcotic Substances Act (XXV of 1997), Sections 9(b) & 9(c)..........Possession of narcotic..........Bail, grant of..........Further inquiry..........Border line case between Sections 9(b) & 9(c) of Control of Narcotic Substances Act, 1997..........Accused was allegedly found in possession of 1014 grams of heroin, contained in a shopper/polythene bag..........Prosecution, after going through the recovery memo available on the file of police record, could not show whether the recovered heroin was weighed along with the polythene bag or otherwise..........If the recovered heroin was weighed along with the polythene bag, prima facie, the weight of the heroin without the polythene bag, might have come to 1000 grams or less, in which eventuality, the case of the accused would fall within the ambit of S. 9(b) of the Control of Narcotic Substances Act, 1997..........In such backdrop, the case of the accused was one of further inquiry falling within the purview of S.497(2), Cr.P.C...........Accused was allowed bail accordingly. ORDER MANZOOR AHMAD MALIK, JUSTICE..........The petitioner seeks bail in case FIR No. 391 of 2015 dated 02.11.2015, offence under sections 9(c), of the Control of Narcotic Substances Act, 1997, registered at P.S. Jalalpur Jattan, District Gujrat. 2. Precise allegation against the petitioner, as contained in the FIR, is that on 02.11.2015, on a spy information, petitioner was apprehended by the raiding party and on his search, from a shopper which he was holding in his right hand, heroin along with some money were recovered; that on weighing the heroin, it was, found 1014 grams.…

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