MUHAMMAD RAMZAN vs State Ss — 2023 MLD 625 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 MLD 625 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: MLD
Parties: MUHAMMAD RAMZAN vs State Ss
Subject matter: Criminal
Provisions referred to: S. 497---P; S. 9; 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

MUHAMMAD RAMZAN VS State Ss. 9 & 51--- 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 the 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 Act, 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---Even otherwise, it is settled that for deciding the bail application the court has to assess the material tentatively and deeper appreciation of evidence is not required and it will not be fair to go into discussion about the merits of the case at bail stage.

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