Law: Criminal Procedure Code (V of 1898)

Section: 497,497(1)

Law: Control of Narcotic Substances Act, 1997

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

Law: Qanun-e-Shahadat (10 of 1984)

Section: 164,165

(a)    Criminal Procedure Code (V of 1898)-------S. 497---Control of Narcotic Substances Act (XXV of 1997), S.9(1), S.No.3(c)---Qanun-e-Shahadat (10 of 1984), Arts. 164 & 165---Possession of narcotic substances---Bail, grant of---Further inquiry---Allegation against the petitioner-accused was that 1166-grams charas was recovered from his possession---Admittedly, the applicant/accused was arrested from the street, which was a thoroughfare from where the alleged recovery of 1166 grams of charas had taken place, but the complainant/Police Official did not record or photograph the search, seizure or arrest procedures---Article 164 of the Qanune-Shahadat, 1984, explicitly allowed the use of evidence obtained through modern devices or techniques---Article 165 of the said law superseded all other laws in that regard---Police Officers were generally equipped with cell phones containing built-in cameras and in this case modern devices and also cameras had not been used---First proviso to S.497(1),Cr.P.C., stipulated that the Court might pass order for the release on bail of any person under the age of sixteen years, any woman, or any person who was sick or infirm, who was accused of an offence---Term "such an offence" in this proviso referred to offences listed under the second part (prohibitory clause) of S.497(1), Cr.P.C., as for all other non-bailable offences, the Court was already empowered to grant bail under the first part of S.497(1), Cr.P.C.---Therefore, the first proviso granted the Court the same discretion to grant bail in respect of offences covered by the prohibitory clause against accused persons who were under the age of sixteen, women, or those who were sick or infirm, as it did under the first part of S.497(1)--Meaning thereby that, for the persons mentioned in the first proviso to S.497(1), Cr.P.C.,bail should generally be granted and refused only in exceptional circumstances---No exceptional circumstance existed in the present case meriting dismissal of the instant bail application---It was alleged by prosecution that other cases of similar nature had been registered against the applicant thus she was not entitled to get bail,…