Law:

Section:

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 6, 9(c), 14 & 15---Possession of narcotic drugs, aiding, abetment or association in narcotic offences---Bail, refusal of---Accused allegedly was arrested red-handed while he was receiving charas (narcotic) packets and putting in the diggy of car---Samples so separated from the recovered lot when were sent to Forensic Science Laboratory were analyzed as 'charas' by Chemical Examiner---Counsel for accused was unable to point out any misreading, non-reading of material and law available on the subject---Accused was involved in other case of recovery of charas; which fact was conceded by accused---Offences punishable under the Control of Narcotic Substances Act, 1997 were by its nature heinous in nature and against the society at large---Bail was refused accordingly. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----Preamble---Object of---Control of Narcotic Substances Act, 1997 is to consolidate and amend the law relating to narcotic drugs and psychotropic substances. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----Preamble---Scope of the Act---Control of Narcotic Substances Act, 1997 controls and prohibits the prosecution, processing and trafficking of narcotic drugs and psychotropic substances; it provides for the constitution of Special Courts having exclusive jurisdiction to try narcotic offences. (d) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 51---Scope---Section 51 of Control of Narcotic Substances Act, 1997 provided that bail would not be granted to accused charged with an offence under the Act or under any other law relating to narcotics where the offence was punishable with death. (e) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Exercise of discretion---Scope---Discretion under S. 497, Cr.P.C. could not be exercised with regard to offences punishable with death or imprisonment for life unless the court was satisfied that such a charge appeared to be false or groundless. (f) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Tentative assessment---Scope---Deeper appreciation of record…

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