Law: Code of Criminal Procedure, 1898

Section: 497(2)

Law: Control of Narcotic Substances Act, 1997

Section: 9(1)6

Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497(2)--Control of Narcotic Substances Act, 1997 (XXV of 1997), S. 9(1)6--Post-arrest bail, grant of--Further inquiry--Allegation of--Recovery of “Heroin”-- This conduct of policing force has laid bare bias of them and a doubt has arisen with regard to involvement of petitioner in case, benefit of which doubt can be extended to petitioner even at this stage--This conduct of policing force has laid bare bias of them and a doubt has arisen with regard to involvement of petitioner in case, benefit of which doubt can be extended to petitioner even at this stage--Additional Prosecutor General further stated that earlier petition filed by petitioner under Section 497 of Code of Criminal Procedure, 1898 was dismissed by High Court vide order dated 04.08.2025 due to absence of counsel for petitioner, hence, this petition is not maintainable--The law on this point is clear that withdrawal simpliciter of an earlier application for bail before addressing or hearing any argument on merits of case does not preclude filing of a subsequent application for same relief--The investigation qua petitioner is complete and his person is no longer required for further investigation, therefore, his continued incarceration would not serve any beneficial purpose at this stage--The case of petitioner becomes one of further inquiry covered by sub-section (2) of Section 497, Cr.P.C--Liability of petitioner for offence alleged would be determined by trial Court after sifting evidentiary worth of material produced before same--Till then, case of petitioner would be within domain of Section 497(2), Cr.P.C. calling for further inquiry into petitioner’s guilt--Bail allowed.                                              [Para 5 & 6] B & C PLD 2022 SC 112; PLD 2014 SC 241 & PLJ 2024 SC (Cr.C.) 8. Criminal Procedure Code, 1898 (V of 1898)-- ----S. 497--Bail--“Reasonable ground”--Facts…