Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1),169

Law: Control of Narcotic Substances Act, 1997

Section: XXV,51(1)49A

(a) Criminal Procedure Code (V of 1898)------- S. 497--- Bail, grant of--- Principles--- Bail is directly linked to right of liberty of an individual, who, unless found guilty on conclusion of trial, has to be considered innocent--- Slightest dent, visible on tentative assessment of material available on record in prosecution's case, entitles accused to grant of bail, even if offence alleged to have been committed is hit by prohibitory clause--- Prohibition on grant of bail in S.497(1), Cr.P.C. is not absolute, rather is dependent on satisfaction of Court to that reasonable grounds exist that accused is connected with commission of offence--- No hard and fast rule can be laid down to regulate discretion of Court relating to its satisfaction for grant/refusal of bail--- Court may take into account all grounds collectively or any one of them in view of the peculiar facts and circumstances of the case and grant or refuse bail.Aamir Faraz v. The State 2023 SCMR 308 and Manzoor and 4 others v. The State PLD 1972 SC 81 rel.(b) Criminal Procedure Code (V of 1898)------- S.497---Control of Narcotic Substances Act (XXV of 1997), S. 51(1)--Recovery of narcotic substance--- Bail--- Principle--- Term "border line case"-- Applicability--- Case not falling in prohibitory clause of S.497(1) Cr.P.C.--Accused was alleged to have possessed 542 grams of heroin, who raised the plea that his case did not fall within the prohibitory clause of S.497 (1) Cr.P.C.-- Validity--- Bail in criminal cases registered under Control of Narcotic Substances Act, 1997 has to be decided in light of S.51(1) of Control of Narcotic Substances Act, 1997 read with S.497 Cr.P.C.--- If a provision of Control of Narcotic Substances Act, 1997 provides for maximum punishment of ten years and more, it attracts the prohibitory clause of S.497(1) Cr.P.C.--Applicability of term "borderline case" was developed in the context of erstwhile provisions of S.9(c) of Control of Narcotic Substances Act, 1997--This amounts to anticipating possible period of conviction at bail stage, which exercise is not permissible while making tentative assessment of a criminal case at bail stage--- Court is not barred in adjudicating…