Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(a)(b),51,51(1)(2)

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss.9(a)(b) & 51(1)(2)---Possessing and trafficking of narcotics---Bail, grant of---No doubt S.51(1) of Control of Narcotic Substances Act, 1997 laid embargo on the court not to grant bail in offence, which was punishable with death, but clause (2) of said section, had provided that a court would not normally grant bail, unless the court was of the opinion that it was a fit case for grant of bail---Cases to be called fit for the purpose of S.51 of the Control of Narcotic Substances Act, 1997, were those which required further enquiry or probe or the case in which meagre quantity of 'charas' was recovered---In the present case charas upto 200 grams was recovered and out of the same only 5 grams had been sent for analysis---Offence did not fall within the prohibitory clause of S.497, Cr.P.C. and case was fit for grant of bail within the meaning and scope of clause (2) of S.51 of Control of Narcotic Substances Act, 1997---Accused was released on bail, in circumstances. THIS ORDER PASSED BY: ABDUL QADIR MENGAL, J.--- This Bail Application under section 497, Cr.P.C. has been moved in case F.I.R., No.39 of 2011, registered under section 9(A) of the C.N.S. Act, 1997, at Police Station Duki, District Loralai. 2. Brief facts leading to file the present Bail Application are that the S.I. Mujeeb-ur-Rehman along with other police officials was on patrol duty, during which, when he reached at Garden Road near Damani Chowk, he found the present applicant in a suspicious manner, whereupon, he caught hold him and on search 200 grams of 'Charas' recovered from his possession. The applicant was arrested and sent to the Court of Special Judge C.N.S., Loralai, to face his trial. The applicant moved an application before the learned Special Judge C.N.S., Loralai, however, he declines to grant him bail on the ground that, the alleged offence is not bailable and the nature of the trial of the case is neither protected nor…

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