Law: Criminal Procedure Code (V of 1898)

Section: 498

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code, 1898 (V of 1898)-----S. 498--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail before arrest, confirmed--Recovery of 520 gram charas--Evidentiary material was that accused on arrival of police, filed away from spot throwing shopping bag on place of occurrence--Held: This is pre-arrest bail and only a tentative assessment of evidentiary material produced before Court is to be made at this stage--It is a matter of great disquiet for High Court that in presence of as many as seven police officials, who were not only present there but also were armed with their respective weapons, petitioner made good his escape from place of occurrence--Place of occurrence, as mentioned in FIR, is a street and story of petitioner escaping in presence of so many armed police officials, is to be taken with a pinch of salt--Prima facie, allegation against accused requires further inquiry and probe, which can only be made by trial Court, after recording of evidence--Investigation of case is completed and already has verified stance of petitioner as well as complainant of case during investigation--Nothing is to be recovered from possession of petitioner--Assertion of petitioner that he has been involved with mala fide and malicious intent, is an assertion which cannot be said to be without foundation or substance at that stage--Sending petitioner behind bars would cause irreparable loss to his reputation. Criminal Procedure Code, 1898 (V of 1898)-----S. 498--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Recovery of 520 gram charas--Role of consistency--Bail before arrest, confirmed--Allegation that wife of accused was arrested from place of occurrence and recovery of 30 gram heroin--This aspect cannot ruled out that petitioner has been involved due to his relationship with co-accused, who was arrested from place of occurrence--Co-accused has already been admitted to post arrest bail and it would be ludicrous for petitioner to be sent him behind bars for only him to be released on post arrest bail on ground of consistency. ORDER Through this petition under Section 498, Cr.P.C. the petitioner, namely Faisal, seeks pre-arrest bail in…

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