Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Scope---Liberty of a person is paramount consideration---While dealing with the question of whether or not bail is to be granted to an accused, it has to be kept in mind that the object of bail is to secure the attendance of the accused at the trial---Object is neither punitive nor preventive---Imprisonment of a person and deprivation of his liberty cannot be described other than being a punishment, unless no less restrictive alternative is available to ensure that the accused will stand his trial when called upon to do so---Every accused will be presumed to be blue eyed boy of the law until and unless he may be found guilty of the alleged charge and law cannot be stretched upon in favour of the prosecution, particularly at bail stage---Mere gravity of the offence may not disentitle the applicant from concession of bail as bail cannot be withheld as an advanced punishment and he cannot be kept behind the bars for an indefinite period. Sanjay Chandra v. Central Bureau of Investigation 2012 SCMR 1732 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9---Recovery of narcotics---Bail---Scope---Trial Court has to take into consideration quantum of contraband and expected quantum of punishment to be awarded while deciding bail application of the accused. Jamal-ud-Din alias Zubair Khan's case 2012 SCMR 573 rel. ORDER ABDUL HAMEED BALOCH, J.---Through this application, the applicant seeks bail in case FIR No.113 of 2021 registered with Police Station, City Sibi, under Section 9(c) of the Control of Narcotic Substances Act, 1997 ("the Act"). Pertinent to mention here that earlier the application for same relief was turned down by the learned Sessions Judge Sibi vide order dated 20.01.2022. 2. Brief facts of the case are that the complainant Muhammad Fahim SI lodged the referred FIR with the allegation of recovery of a packet, having two kilograms and 25 grams charas from the possession of the accused/applicant. 3. Heard. Perused the record. As per prosecution 2.25 kilograms charas were recovered from the possession of the accused/applicant. No…

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