ABDUL KHALIQ vs State Ss — 2023 MLD 98 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2023 MLD 98 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2023
Reporter: MLD
Parties: ABDUL KHALIQ vs State Ss
Subject matter: Criminal
Provisions referred to: S. 9; 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

ABDUL KHALIQ VS State Ss. 51 & 9---Possession of narcotics---Bail---Scope---Section 51 of Control of Narcotic Substances Act, 1997, transpires that bail shall not be granted to an accused charged with an offence where the offence is punishable with death---Section 51 of Control of Narcotic Substances Act, 1997, provides a bar on grant of bail when the offence is exclusively punishable with death---When the upper limit of the punishment is death and the lower limited is 14 years' imprisonment then it suggests an inference that grant of bail in the offence under S. 9(c) of Control of Narcotic Substances Act, 1997, is not barred---Grant of bail is barred when the offence is exclusively punishable with death.

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