Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Possession of narcotics---Bail, grant of---Delay in conclusion of trial---Scope---Accused sought bail on the ground of delay in conclusion of trial---Seven kilograms of charas was recovered from the accused, hence, his case came under Part (a) of the 3rd proviso of S. 497(1), Cr.P.C., as the mandatory punishment of death and imprisonment for life pertained to only those cases where the quantity recovered exceeded 10 kgs---For such reason, the accused could claim benefit to be released on statutory ground under S. 497(1)(a) of 3rd proviso that provided entitlement to be released on bail after continuous detention exceeding one year, if delay in conclusion of the trial could not be attributed to him or any person acting on his behalf---Order sheets of the Trial Court indicated that the delay in conclusion of trial was caused on the part of prosecution---Nothing was available on the record that accused was; (i) a convicted offender for an offence punishable with death or imprisonment for life; or (ii) a hardened, desperate or dangerous criminal, in the opinion of the Court; or (iii) an accused of an act of terrorism punishable with death or imprisonment for life---Petition for grant of bail was allowed, in circumstances. Shakeel Shah v. The State and others 2022 SCMR 1 ref. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Statutory ground of delay---Scope---Part (a) of third proviso to S. 497(1), Cr.P.C. envisages that in an offence not punishable with death, the trial of the accused is to be concluded within a period of one year from the date of his/her detention, and in case the trial was not so concluded, the law mandates the release of the accused on bail---Accused has a statutory right to be released on bail if his trial for such offence was not concluded within a period of one year from the date of his detention and such period begins from the date of the arrest/detention of the accused and it is of little importance as to when the charge was framed and the trial commenced---Purpose and objective of the provision is to ensure that…

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