Law:

Section: S.497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(1)3(c)--Bail after arrest, grant of--Under Section 9(1)3(c) C.N.S Amendment Act, 2022

Criminal Procedure Code, 1898 (V of 1898)--

----S.497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(1)3(c)--Bail after arrest, grant of--Under Section 9(1)3(c) C.N.S Amendment Act, 2022, maximum sentence provided is 14 years but shall not less than 09 years if quantity of charas extends from 1000 grams to 4999 grams, thus does not attract prohibitory clause of Section 497, Cr.P.C. because for purpose of bail, lesser sentence is to be considered--Held: It is established by now that under-trials cannot indefinitely be detained until completion of pending trial--Ideally, no person ought to suffer adverse consequences of his acts unless same is established before a neutral arbiter--However, owing to practicalities of real life where to secure an effective trial and to ameliorate risk to society in case a potential criminal is left at large pending trial, Courts are tasked with deciding whether an individual ought to be released pending trial or not--Once it is obvious that a timely trial would not be possible and accused has Suffered incarceration for a significant period of time, Courts would ordinarily be obligated to enlarge him on bail--There is no conviction on part of petitioner--The investigation is complete--The petitioner is behind bars since his arrest and his further incarceration would not be lucrative to prosecution--Resultantly, petition in hand is allowed. [Para 4, 5 & 7] A, B & D

2012 SCMR 573, 2020 PCr.LJ 657, 2020 MLD 59
2020 PCr.LJ 31 and 2015 SCMR 1092.