Law: Criminal Procedure Code (V of 1898)

Section: 497(1),497(2)

Law: Control of Narcotic Substances Act, 1997

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

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(1), Sr. No.3(c)---Possession of narcotic substances---Bail, refusal of---Allegations against the accused-applicant was that 1050-grams charas was recovered from her possession--- Record revealed that the applicant was apprehended redhanded and a substantial quantity of contraband (1,050 grams of charas) was recovered from her immediate possession---Applicant had not been able to establish any enmity or ill-will of the police to justify her false implication--Absence of private witnesses did not per se invalidate the recovery, as the Police Officers were competent witnesses under the law---Quantity squarely fell within the ambit of S.9(1), Sr. No. 3(c) of the Control of Narcotic Substances Act, 1997 (as amended in 2022), which prescribed a punishment of imprisonment extending up to fourteen years but not less than nine years, in addition to a fine ranging from a minimum of eighty thousand rupees to a maximum of four hundred thousand rupees---Offence in question fell within the prohibitory clause of S.497(1),Cr.P.C, thereby precluding the applicant/accused from claiming bail as a matter of right or concession---Plea of medical illness did not, by itself, justify the grant of bail, especially in cases involving serious narcotic offences---Applicant had failed to make out a case for further inquiry under S.497(2),Cr.P.C.---Given the prima facie evidence, the serious nature of the offence, the huge quantity of contraband recovered and the lack of reasonable grounds for further inquiry, the applicant had not been able to make out a case for bail---Serious nature of the allegations and the severity of the potential punishment further eliminated any presumption in favour of granting bail---Consequently, bail application was accordingly dismissed.Noor Khan v. The State 2021 SCMR 1212 and Dolat Khan v. The State and others 2016 SCMR 1447 rel.(b)    Criminal Procedure Code (V of 1898)-------S. 497---Bail---Observations of the Court---Scope---Observations made in the bail order are limited to the bail proceedings and shall…