Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotics Substances Act, 1997

Section: 9(c)

Criminal Procedure Code (V of 1898)--- ----S.497---Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotic---Bail, grant of---Contentions that the raiding Police party had the prior information, but there was no arrangement of the lady Police constable with the team for the search of accused lady and that accused lady was having a suckling baby, were devoid of force, because the baby was allegedly not present with accused at the time of her arrest and the baby was also about 2-1/2 years old, so the term "suckling baby" was not attracted to that case and no benefit could be extended to accused on that count---Accused lady having been charged for carrying huge quantity of Charas, the minor procedural irregularity, would not negate the effect of such a huge recovery--Quantity as recovered from possession of the accused could have devastating effect on the society---Case of accused for her release on bail did not justify on merits, in circumstances---However, in accordance with the latest amendment, the extraordinary relief had been extended to the women prisoners---Accused lady had to be released on bail except in the cases where the punishment was prescribed as death or imprisonment upto ten years and that too in a restricted categories of terrorism, financial corruption and murder---Offences under the Control of Narcotic Substances Act, 1997 were not excluded from the said provision---Nonetheless, in the wisdom of the legislature, since no exception had been specified in the said proviso for not extending the benefit for the offences under the Control of Narcotic Substances Act, 1997, despite the severe punishment of death and imprisonment for life under S.9(c) of said Act for the quantity of 10 Kgs. and above, accused, had to be released on bail pursuant to the amendment in Cr.P.C.---Newly added proviso to S.497, Cr.P.C. extended the facility to the offences under all the laws for the time being in force and that Control of Narcotic Substances Act, 1997, could not be deemed to be an exception---Bail was granted. THIS JUDGMENT DELIVERED BY: MUHAMMAD RAZA KHAN, J.- The petitioner, Mst. Rukhsana, has been charged in F.I.R. No.312 dated…

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