Law: Criminal Procedure Code (V of 1898)

Section: 497

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) 21---Possession of narcotics---Power to enter, search, seizure and arrest without warrant---Bail, grant of---Borderline case---Proceedings conducted by an Assistant Sub-Inspector---Non-availability of report of Forensic Laboratory---Scope---Accused was alleged to have been found in possession of 1285 grams of charas---Material investigation in the case regarding seizure, weighing, packing and sealing of charas into parcel, separation of some quantity of it for chemical analysis through Forensic Laboratory was carried out by an ASI (Assistant Sub-Inspector)---Contention of accused that the entire action taken by the ASI by way of registration of a case under the provisions of Control of Narcotic Substances Act, 1997 and its investigation by him from its inception to the end was violative of the law on the subject, seemed forceful---Report of Chemical Examiner was still awaited---Recovered substance had marginally exceeded 01 kilogram, so the accused was not likely to be awarded maximum sentence provided by the statute---Accused was in jail and his trial was not likely to be concluded in near future---Petition for grant of bail was accepted, in circumstances. PLD 2001 Pesh. 152; Wajid alias Waji v. State 2016 PCr.LJ 831; Ali Hassan alias Hasan v. State 2014 YLR 188; Asif Ali v. State 2013 YLR 1241 and Ayaz v. State 2011 PCr.LJ 177 ref. Saeed Ahmed v. State through P.G. Punjab and another PLJ 2018 SC 812; Abbas Raza v. The State through P.G. Punjab and others 2020 SCMR 1859 and Aya Khan and another v. The State 2020 SCMR 350 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Involvement in other cases---Scope---Mere involvement in other criminal cases donot disentitle an accused from the relief of bail if he otherwise succeeds in bringing his case within the meaning of further inquiry---Liberty of a person is a precious right that has been guaranteed by the Constitution---Where there is slight tilt towards grant of bail, the same needs to be preferred over letting one to confine in jail for an indefinite period in the name of trial…

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