Law: Criminal Procedure Code (V of 1898)

Section: 497(5)

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotic---Petition for cancellation of bail granted on medical grounds, dismissal of--- Disease of "Hemorrhoids"---Medical report of accused did not suggest any serious health disorder beyond hemorrhoids nor it appeared to require any treatment which was not available in jail hospital---Said report did not suggest any special procedure for the accused---However, since the trial had commenced and was likely to be concluded soon and concession of bail had not been abused, it was not expedient to recall the bail as the provisions of subsection (5) of S. 497, Cr.P.C were not punitive in nature. (b) Criminal Procedure Code (V of 1898)--- ----S. 497(5)---Bail---Petition for cancellation of bail granted on medical grounds---Scope---Not every ailment entitled an accused to be released on bail unless such illness was found life threatening or without possible cure in the prison. THIS JUDGMENT DELIVERED BY: QAZI MUHAMMAD AMIN AHMED, JUSTICE:---.--- Syed Paris Ali, respondent herein, was surprised by a contingent of Anti-Narcotics Force on 4.12.2018; he was found in possession of charas, weighing 3600 grams; his attempts for bail failed throughout, including this Court. Undeterred by his earlier failures, the respondent chartered the course once again on medical grounds. The plea found favour with the Islamabad High Court and the respondent was admitted to post arrest bail vide impugned order dated 8.8.2019, vires whereof are being assailed with the plea that there was no occasion for the High Court to grant bail to the respondent in the absence of a valid fresh ground as according to the learned counsel, nothing substantial changed ever since dismissal of respondent's plea in this Court including his health condition. It has been pointed out that the disease alleged by the respondent and relied upon by the High Court carried no serious threat and was treatable within the jail. 2. The impugned order is structured upon a report, reproduced below:- "The said accused has history of fire arm injury (FAI) and had explanatory laparotomy in June,…

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