Law: Criminal Procedure Code (V of 1898)

Section: 497,498

Law: Control of Narcotics Substances Act, 1997

Section: 51

(a) Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) 51---Possession of narcotics---Bail not to be granted in respect of certain offences---Scope---Bail, refusal of---Positive report of Chemical Examiner---Scope---Accused was alleged to have been found in possession of 5 kilograms of charas---Accused was directly charged in the FIR---Sample so separated from the recovered contraband was examined by Chemical Examiner, whose positive report was available on file---Offence under S.9(c), Control of Narcotic Substances Act, 1997, not only fell within the prohibitory clause of S. 497, Cr.P.C., but also came under S.51 of Control of Narcotic Substances Act, 1997, wherein a specific embargo was imposed on grant of bail---No reasonable grounds existed for believing that the accused was not involved in the alleged offence---Appeal against bail declining order was dismissed, in circumstances. 2010 PCr.LJ 611; 2009 PCr.LJ 1334 and 2009 PCr.LJ 1340 distinguished. 2011 PCr.LJ 1593; 2010 SCMR 1791 and 2011 SCMR 460 ref. (b) Control of Narcotic Substances Act (XXV of 1997)--- ----S. 51---Criminal Procedure Code (V of 1898), Ss. 497 498---Bail not to be granted in respect of certain offences---Scope---Section 51 of Control of Narcotic Substances Act, 1997 makes drastic departure from conventional canon of Ss.497 498, Cr.P.C.---Power to grant bail under the Code of Criminal Procedure, 1898 should necessarily be subjected to conditions mentioned in S. 51 of Control of Narcotic Substances Act, 1997---Court has to keep in mind that the Control of Narcotic Substances Act, 1997, is a special enactment and has been enacted with a view to making stringent provisions for control and regulation of operation relating to narcotic substances---Court, before releasing accused on bail, has to satisfy itself that there are reasonable grounds for believing that the accused is not involved in such offence. (c) Administration of justice--- ----Precedent---Decisions in criminal cases, reliance on---Scope---Each case especially criminal case depends on its own facts and close similarity in one case and in another case is not possible…

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