..posted by Pakistani Law Firm…Get Free Legal Information
Qamar Hussain V State 2011 YLR 2327 Karachi High Court
S. 497— control of narcotic substances act (XXVof 1997), S.9(b)–possession of narcotic s—Bail –assessment of evidence— Principle— Deeper appreciation of record at Bail stage cannot be made and only tentative assessment thereof is permissible just to find out whether the accused is prima facie connected with the of fence or not
Nasir Khan Vs Waseel Gul 2011 SCMR 710
S. 497(2) —bail —Caseof further inquiry—Main consideration for grant of bail under S. 497(2), Cr. P. C. is, that if court forms an opinion on the basis of tentative assessment of evidence that prima facie, reasonable grounds were available to believe that accused has not committed the of fence with which he was being charged, he would be allowed bail as of right by virtue of S. 497(2), Cr. P. C
Mst. Rafaqat Bibi V State 2011 MLD 1070 Lahore High Court
S.497—control of narcotic substances act (XXVof 1997), S.51—Bail —Section 497, Cr.P.C. not applicable to offences under the control of
narcotic substances act , 1997—Section 51of the control of narcotic substances act , 1997, has ousted the implication of S.497, Cr.P.C. from the cases relating to narcotic s punishable with death—Said S.51 relates to the control of narcotic substances act , 1997, which is a special law dealing only with the of fences relating to narcotic drugs, psychotropic substances and to control the production, processing and trafficking of the same, whereas Criminal Procedure Code, 1898, is a general law and special law has always precedence over the general law—When the law makers provide some special provision in the Statute to bar the jurisdiction of Special Court established under the said enactment, due weight is to be given to such special provision of law as against general principles governing such cases, when accused approaches the Special Court or the High Court.
Nasir Khan Afridi V State 2011 YLR 2316 Karachi High Court
S. 497–control of narcotic substances act (XXVof 1997), S.9(c)—Bail –assessment of material on record–Principle–deeper appreciation of the record atBail stage, cannot be gone into, but only it is to be seen as to whether the accused is prima facie connected with the commission of the of fence or not.
S.497—Penal Code (XLV of 1860), Ss.302/118/212/216—anti -terrorism Act (XXVII of 1997), Ss.6/7—Qatl-e-amd and terrorism —bail —Heinousness of offence—Principle—Concession of bail cannot be withheld on the plea of heinousness of the offence, if the accused is otherwise found entitled to the same