Law: Criminal Procedure Code (V of 1898)

Section: 497(2)

Law: Control of Narcotic Substances (Amendment) Act, 2022

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

Criminal Procedure Code (V of 1898)---

----S.497(2)---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], Ss. 9(1)(3)(b) & 9(1)(3)(c)---Possession of narcotic substances ---Post arrest bail, grant of--Recovery of baked charas, rapped in polythene bag weighing 1200 grams--Prosecution failed to show that if the polythene bag of charas was separated than what would be the net weight of the charas, thus, the case was one of further inquiry in order to ascertain that it fells within the ambit of S.9(1)(3)(b) or S.9(1) (3)(c) of the Control of Narcotic Substances Act, 1997, [as amended by the Control of Narcotic Substances (Amendment) Act, 2022] (Amended Act) for determining the quantum of punishment---It was a border line case between Ss.9(1)(3)(b) & 9(1)(3)(c) of the Amended Act---Section 9(1)(3)(b) did not fall under the prohibitory clause of S.497, Cr.P.C., which entitled the applicant for the concession of bail on the principle that in the offences of non-prohibitory clause grant of bail is a rule, whilst its refusal is an exception---Bail was allowed, in circumstances.

Aya Khan v. The State 2020 SCMR 350 and Muhammad Ishaq v. State PLJ 2021 Cr.C Note 94 rel.