Law: Criminal Procedure Code (V of 1898)

Section: 496,497

Law: Control of Narcotics Substances Act, 1997

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

(a) Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, refusal of---Scope---Accused was arrested with 1000 grams of charas---Contention of accused, inter alia, was that challan of the case had been presented before the Trial Court and he was no more required for further investigation---Trial Court, while declining bail to the accused before submission of challan, had not committed any illegality---High Court observed that accused was at liberty to move fresh bail application before the concerned court below---Appeal was dismissed. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Deeper appreciation of evidence---Scope---Deeper appreciation of evidence at bail stage is not permissible, rather a bird's eye view of the evidence has to be taken into consideration---Courts are, at the same time, not expected to pass a bail order in vacuum. (c) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 51---Criminal Procedure Code (V of 1898), Ss. 496 & 497---No bail to be granted in respect of certain offences---Interpretation of S. 51, Control of Narcotic Substances Act, 1997---Bail---Scope---Section 51, Control of Narcotic Substances Act, 1997 reveals that no bail can be granted in respect of offences committed under Control of Narcotic Substances Act, 1997 and provisions of Ss. 496 & 497, Cr.P.C. are expressly excluded---Elbow room is, however, left at the discretion of the court under subsection (2) of S. 51, Control of Narcotic Substances Act, 1997, where it is provided that bail should not normally be granted unless the court is of the opinion that the case is fit for grant of bail---Words "fit case for grant of bail" used in S. 51, Control of Narcotic Substances Act, 1997 depended on facts of an individual case, which rather requires more favourable circumstances appearing on record in favour of an accused for grant of bail. (d) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Fresh application---Scope---Accused can file fresh bail application if fresh material is brought on record. Muhammad Mushtaq and another v. The State 2007 PCr.LJ…

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