Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail, grant/refusal of---Principles--- While deciding a bail application court was to consider allegations in the FIR; statements recorded under S.161, Cr.P.C.; nature and gravity of charge; other incriminating material; legal pleas raised by accused and relevant law. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession and trafficking of narcotics---Bail, refusal of---Accused was arrested red-handed with huge quantity of 375 Kgs of heroin---Accused had been booked by the prosecution as main exporter of the subject consignment and he had admitted his guilt---Each of the container had been broken by the Inspector in the presence of accused---Accused had acquired the godown from prosecution witness only for storage of sanitary material and had filed undertaking regarding the goods for export---Recovery of heroin powder was witnessed by the Police Officials, they were as good witnesses as any other person, and they had no ostesible reason to falsely implicate the accused in a case of serious nature---Chemical Examiner's report of subject narcotic substance was positive, which supported the prosecution case---Case of accused was hit by prohibition contained in S.51 of Control of Narcotic Substances Act, 1997---No material had been produced to suggest that accused was falsely implicated in the alleged crime---Section 25 of Control of Narcotic Substances Act, 1997 having excluded applicability of S.103, Cr.P.C., no case of further enquiry was made out---Rule of consistency was not applicable in the case---Merely saying that accused had been implicated by Anti-Narcotic Force, was not sufficient to discard the prosecution story as being false, which was even otherwise a factual controversy and at bail stage only tentative assessment of the record was to be made---Plea that handwriting expert's report did not support the prosecution case required evidence and Trial Court seized of the matter was to look into that aspect of the case; as at bail stage that was hardly a ground of bail---Offence against accused was punishable with life…

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