FAREED AHMED vs State S — 2023 PCrLJ 583 KARACHI-HIGH-COURT-SINDH

Case information

Citation: 2023 PCrLJ 583 KARACHI-HIGH-COURT-SINDH
Court: Sindh High Court
Year: 2023
Reporter: PCRLJ
Parties: FAREED AHMED vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 497; S. 9; Narcotic Substances Act (XXV of 1997); 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

FAREED AHMED VS State S. 497---Control of Narcotic Substances Act (XXV of 1997), Ss. 51 & 9---Possession of narcotics---No bail to be granted in respect of certain offences---Scope---Larger interest of the public and State demands that in case of recovery of contraband stuff, the discretion under S. 497 Cr.P.C. should not be exercised liberally---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---Act lays progressive punishments for narcotic offences and provides for the constitution of Special Courts having exclusive jurisdiction to try narcotic offences---Section 51 of 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 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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