Law: Control of Narcotics Substances Act, 1997

Section: 9(b),9(c),51,51(2)

Law: Control of Narcotic Substances (Government Analysts) Rules, 2001

Section: R.4,5

Law: Criminal Procedure Code (V of 1898)

Section: 496,497

(a) Control of Narcotic Substances Act (XXV of 1997)--- ----Ss. 9(b), 9(c) & 51---Criminal Procedure Code (V of 1898), Ss. 496 & 497---Possessing and trafficking of narcotics---Prohibition on grant of bail---Phrase "fit case for grant of bail"---Bail, refusal of---Accused persons were charged for possessing and selling of 1140 and 1120 grams of 'charas' respectively---Plea of the accused persons was that their case fell within the borderline of subsection (b) & (c) of S. 9 of Control of Narcotic Substances Act, 1997---Validity---'Charas' recovered from accused persons exceeded one kilogram---Control of Narcotic Substances Act,1997 had enshrined the figure upto one kilogram, which could not be twisted by a court of law---According to S.51, Control of Narcotic Substances Act, 1997 no bail could be granted in respect of offences committed under Control of Narcotic Substances Act, 1997 and provisions of Ss. 496 & 497, Cr.P.C. had been excluded---Elbow room was, however, left at the discretion of the court under subsection (2) of S.51, Control of Narcotic Substances Act, 1997 where statute had laid down that bail should not normally be granted unless court was of the opinion that case was fit for grant of bail---Words "fit case for grant of bail" used in Control of Narcotic Substances Act, 1997 depended on facts of an individual case and required circumstances favourable to accused---Grant of bail was refused. 2016 PCr.LJ 1718; 2014 PCr.LJ 427; PLD 2015 SC (AJ&K) 31; 2013 MLD 1435; 2013 PCr.LJ 1782; 2012 MLD 1032; 2011 PCr.LJ 177; 2009 YLR 246; 2009 PCr.LJ 558 and 2007 SCR 73 distinguished. (b) Control of Narcotic Substances (Government Analysts) Rules, 2001--- ----Rr. 4 & 5---Control of Narcotic Substances Act (XXV of 1997), S. 9(b)---Possessing and trafficking of narcotics---Bail, refusal of---Delay in dispatch of sample for test or analysis---Directory provision---Accused persons were charged for possession and selling of 'charas'---Plea of accused persons was that recovered contraband was not sent for chemical examination on the day it was recovered---Validity---Rules 4 and 5 of Control of Narcotic Substances (Government Analysts) Rules,…

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