Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotic Substances Act, 1997

Section: XXV,9(1)(3)(b),9(1)(3)(c)

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Control of Narcotic Substances Act (XXV of 1997) [as amended by theControl of Narcotic Substances (Amendment) Act, 2022], S. 9(1)(3)(c)--Possession of narcotic---Bail, grant of---Further inquiry---Accused-applicant had been indicted for having a black polythene bag in his right hand, wherein baked charas in slate form weighing 1090 grams was recovered---Fleeting view of the record, more particularly, the FIR and memo of recovery showed that the charas was weighed with the polythene bag, which was found to be 1090 grams, thus, the prosecution had failed to show that if the polythene bag of charas was separated than what would be the net weight of the charas, henceforth, it would be a case of further inquiry as to whether the recovered charas squared under S. 9(1)(3)(b) or under S. 9(1)(3)(c) of the Act of 1997, in order to determine the quantum of punishment as well as to find out as to whether the sentence fell within the prohibitory clause of S. 497 of Cr.P.C or otherwise---In wake of the above, it could be gathered with no other view that eventually it became a border line case between Cls. (b) & (c) of S. 9 of the Act of 1997 as the weight was slightly higher than the prescribed limit of S.9(1)(3)(b)---Admittedly, S. 9(1)(3)(b) did not fall under the prohibitory clause of S. 497 of Cr.P.C, which entitled the accused-applicant for the concession of bail on the principle that bail in offences not falling in prohibitory clause was a rule, whilst its refusal was an exception---Petition was allowed and accused was admitted to bail, in circumstances.Muhammad Ishaq v. State PLJ Cr.C (Note) 94 rel.(b)    Criminal Procedure Code (V of 1898)-------S.497---Bail---Tentative assessment---Scope---Observations made in the bail order are tentative in nature, which do not influence the merits of the case at trial.Date of hearing: 26th March, 2024.ORDERSHAUKAT ALI RAKHSHANI, J. Applicant seeks bail in case vide FIR No. 18 of 2024 dated 18.01.2024 registered with Police Station, Brewery District, Quetta under the offences punishable under section 9(1) 3(c) of The Control of…