Law: The Control Of Narcotic Substances Act. 1977.

Section: 9-B, 9-C

Law: Code of Criminal Procedure, 1898

Section: 497

Summary

The petitioner sought post-arrest bail in a narcotics case registered under section 9-C of the Control of Narcotic Substances Act, 1997, on the allegation of recovery of heroin and ice. The Court found that the alleged recovery constituted a borderline case between sections 9-B and 9-C of CNSA, as it was unclear whether the stated weight included the weight of the shopping bag. The chemical examiner’s report was also unavailable, and the sample was not sent for analysis within the prescribed period of seventy-two hours. In view of these factors, absence of prior conviction, completion of investigation, and settled law on benefit of doubt in borderline cases, the petitioner was granted post-arrest bail.

Tag Line

“Post-arrest bail granted in borderline narcotics case due to doubtful quantity and absence of chemical examiner’s report.”

ORDER;