Law: Criminal Procedure Code (V of 1898)

Section: 497

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, refusal of---Prompt FIR---Heinous nature of offence---Scope---Accused was alleged to have been found in possession of 2420 grams of charas---Sufficient incriminating evidentiary material existed in the shape of a prompt FIR, statements recorded under S. 161, Cr.P.C. and substantial quantity of the recovered contraband, to connect the accused with the alleged offence---Offence with which the accused was charged with being heinous in nature squarely fell within the four corners of the prohibition as contemplated by S. 51 of the Control of Narcotic Substances Act, 1997---Petition for grant of bail was dismissed, in circumstances. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Bail---Female accused---Scope---Case of a female falls within the proviso to S. 497(1) of Cr.P.C. but it is not correct to presume that the case of such a person gets equated with the case of a person arrested for a bailable offence or that such person gets clothed with a right to get released on bail---Grant of bail to such a person or refusal thereof still remains within the discretion of the competent court to be exercised judiciously in accordance with the facts of each case and in terms of the principles regulating the same. ORDER SADIQ MAHMUD KHURRAM, JUSTICE:---.--- Through the instant petition under section 497, Cr.P.C., the petitioner, namely Khursheed Bibi seeks post-arrest bail in the case FIR No.11 of 2020 dated 10.01.2020 registered at Police Station Garh Maharaja, District Jhang in respect of an offence under section 9(c) of the Control of Narcotic Substances Act, 1997. 2. As per record, the allegation against the petitioner is that on 10.01.2020 she was apprehended by the police and 2420 grams of Charas, in shape of three pieces, was allegedly recovered from her possession. 3. I have heard the learned counsel for the petitioner, the Deputy Prosecutor General and perused the record with their able assistance. 4. As is evident from the perusal of the record the petitioner was apprehended by the police and 2420 grams of…

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