HAMDULLAH vs State S — 2022 MLD 998 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2022 MLD 998 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2022
Reporter: MLD
Parties: HAMDULLAH vs State S
Subject matter: Criminal
Provisions referred to: S. 9; S. 497---P; S. 497; Criminal Procedure Code (V of 1898); Narcotic Substances Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

HAMDULLAH VS State S.9(c)---Criminal Procedure Code (V of 1898), S. 497---Possession of narcotics---Bail---Scope---Control of Narcotic Substances Act, 1997, consolidates and amends the law relating to narcotic drugs and psychotropic substances---Act controls and prohibits the possession, processing and trafficking of these substances---It also lays progressive punishments for narcotic offences, Act provides for the constitution of Special Courts having exclusive jurisdiction to try narcotic offences---Section 51 of the Control of Narcotic Substances Act, 1997, provides that bail shall not be granted to an accused person charged with an offence under this Act or under any other law relating to narcotics where the offence is punishable with death---When the quantity of narcotics exceeds one kilogram, the case falls in clause (c) of S.9 of the Control of Narcotic Substances Act, 1997, for which death penalty or imprisonment for life has been provided---Discretion under S.497, Cr.P.C., can also not be exercised with regard to offences punishable with death or imprisonment for life unless the Court at the very outset is satisfied that such a charge appears to be false or groundless.

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