Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Prohibition (Enforcement of Hadd) Order, 1979

Section: 3, 4

Criminal Procedure Code, 1898 (V of 1898)-- —-S. 497-Bail-Offence u/S. 9/B CNSA 1997 read with S. 3/4 Prohibition Enforcement of Hadd Order, 1979-Contention that recovery has been effected in violation of Section 103 Cr.P.C., Section 21 of CNSA, 1997 is complete answer to this objection--As far as objection that ASI was not competent to conduct investigation and while proceedings are illegal, Hon'ble Supreme Court of Pakistan in a case reported as State vs. Zafar Ahmad (PLD 1997 SC 480) has already held that incompetence of police officer to investigate case was not sufficient to invalidate proceedings as envisaged under Section 156(2) Cr.P.C-Contention that offence was defined in two different statutes—In such situation last statute will prevail and CNSA is last statute, which provides 7 years imprisonment for offence-Case not falling within prohibitory clause of Section 497 Cr.P.C-Grant of bail is a rule and its refusal is an exception, but it does not mean that offence is bailable and discretion still rests with Court, which has tobe exercised keeping in view.of facts and circumstances of each case—Bail petition dismissed.                                                        [Pp. 520 & 521] A Date of hearing : 4.2.2003.                                                                                                                          order Through this application under Section 497 Cr.P.C. the petitioner seeks after arrest bail in case FIR No. 243 dated 17.9.2002 under Section 9/B of Control of Narcotics Substance Act, 1997 read with Article 3/4 of…