Law: Criminal Procedure Code (V of 1898)

Section: 497,103

Law: Control of Narcotic Substances Act, 1997

Section: XXV,6,9(1),3(c),25,51

(a) Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], Ss. 6. 9(1), Sr.No. 3(c), 25 & 51---Recovery of 2-kg charas on spy information---Post arrest bail, refusal of---Red-handed seizure of considerable quantity of the contraband; timely sending of the samples to laboratory; absence of animosity and ill motives; applicability of S. 25 of the Control of Narcotic Substances (Amendment) Act, 1997, (Act); the nature of the crime and its serious implications on overall society; and the legal jurisprudence on the subject as developed so far were the reasons which convinced the High Court to reach to the prima facie assessment that reasonable grounds existed to connect the applicant with the alleged crime, which brought him within the remit of 'Prohibition , as contemplated by S. 51 of the Act; thus, no case of further inquiry was made out which could entitle him to bail---Calendar of witnesses appeared to be short suggesting likelihood of early conclusion of trial without unnecessary delay---Unless the High Court at the very outset was satisfied that the charge against the accused appeared to be false or groundless, the discretion under S. 497, Cr.P.C., could not be exercised with regards to offences, which were punishable with death or imprisonment for life---Bail had been declined by High Court in identical circumstances even for lesser quantities---Post arrest bail was dismissed, in circumstances. 2024 SCMR 934; 2022 PCr.LJ 690 and 2022 MLD 1538 distinguished. 2023 SCMR 573 and 2017 PCr.LJ 1012 ref. Javed Khan v. The State 2010 SCMR 1989; 2024 YLR 1061; 2023 YLR 1264; 2022 MLD 998 and 2022 MLD 735 rel. (b) Criminal Procedure Code (V of 1898)--- ----S. 497---Post-arrest bail---Deeper appreciation of evidence---Scope---Deeper appreciation of evidence is not permissible at the bail stage. Saleh Muhammad s case PLD 1986 SC 211 and The State v. Zubair and 4 others PLD 1986 SC 163 rel. (c) Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022]--- ----S. 25---Criminal Procedure…