Law:

Section:

Criminal Procedure Code (V of 1898) --------- ----------S. 497 --------- Control of Narcotic Substances Act (XXV of 1997), Ss.9(c) & 51 --------- Bail, refusal of --------- Principle of consistency --------- Scope --------- Person who was on driving seat of the vehicle should be held responsible for transportation of narcotics having knowledge of the same as no condition or qualification had been made in S.9(c) of Control of Narcotic Substances Act, 1997 that the possession should be an exclusive one and could be joint one with two or more persons --------- Accused's role being driver of vehicle was different than the role of co-accused who were occupying other seats as accused being driver of the vehicle was in charge of the same and all the articles lying therein would be under his control and possession, therefore recovery of 1000 grams heroin from secret cavity of said vehicle would have been in conscious knowledge of accused and recovery of total 1500 grams of heroin made jointly from his possession and secret cavity of his car had in conscious knowledge of the driver of the vehicle --------- Offence punishable under Control of Narcotic Substances Act, 1997 were by their nature heinous and considered to be offence against the society at large and it was for this reason that the statute itself had provided a note of caution under S.51 of Control of Narcotic Substances Act, 1997 before enlarging an accused on bail in ordinary sense --------- While referring to standard set out under S.497, Cr.P.C. for grant of bail to an accused involved in an offence under S.9 of Control of Narcotic Substances Act, 1997, even on that basis an accused charged with an offence prescribing various punishments was not entitled for grant of bail merely on account of nature or quantity of narcotics --------- Appreciation of evidence was not permissible at bail stage and secondly in such situation looking to peculiar features and nature of offence, Trial Court may depart from normal standards prescribed in the case --------- Accused, in circumstances, was not entitled to concession of bail --------- Petition was dismissed, accordingly. Kashif Amir v. The State PLD 2010 SC 1052;…

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