Law: Criminal Procedure Code (V of 1898)

Section: 103,497(1)(5)

Law: Control of Narcotics Substances Act, 1997

Section: 6,9(c),14,15,25

(a) Criminal Procedure Code (V of 1898)--- ----Ss. 497(5) & 103---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 25---Bail, cancellation of---Possession of narcotics---Search to be made in presence of witnesses---Applicability of S. 103, Cr.P.C.---Scope---Anti-Narcotic Force recovered 9500 grams of heroin concealed inside the carpets kept in the godown/basement of a hotel---Heroin was recovered on the pointation of accused---Trial Court granted bail to accused---Validity---Offence under S. 9(c), Control of Narcotic Substances Act, 1997 fell within the ambit of prohibitory clause of S. 497(1), Cr.P.C.---Trial Court while granting bail had observed that Anti-Narcotics Force officials did not record the statements of the employees of the hotel, which was the best evidence available to the prosecution---High Court held that provisions of S. 103, Cr.P.C. did not apply where recovery was not made in pursuance of search of a house but was made elsewhere, for instance on the highways or on the road side or public places like railway station, bus stand, the search of baggage at airport or hotel, etc.---Accused remained in jail for a period of only one and half months whereas he was involved in a heinous crime which entailed capital punishment---Trial Court had wrongly touched the merits of the case---Reasonable grounds existed for believing that accused was prima facie involved in the case which was heinous in nature---Trial Court was not justified in granting bail to the accused---High Court recalled the bail granting order, in circumstances. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 25---Criminal Procedure Code (V of 1898), S. 103---Search to be made in presence of witnesses---Provisions of S. 103, Cr.P.C. were not applicable in narcotics cases by virtue of S. 25 of Control of Narcotic Substances Act, 1997. THIS JUDGMENT DELIVERED BY: ALI BAIG, J.--- Brief facts giving rise to the filing of the instant application filed under section 497(5), Cr.P.C. for cancellation of bail granted to the respondent/accused by the Learned Sessions Judge/Special Judge CNSA Hunza are that on 5.8.2017 at 10:15 a.m. the complainant namely…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492