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STATE versus JAVED KHAN


Section 497 (5) Control of Narcotic Substances (XXV of 1997) Sections 9 (c) and 51 (1) Recovery of narcotic substances, the death sentence was recovered from a 5/2kg narcotic substance accused, who was granted bail. Happened. The case of the accused by the High Court was not covered under the prohibited clause of Section 497 CCPC, as the offense was presented under the control section 9 (c) of the Narcotic Substances Act, 1997, which provides for various penalties. , Which was not only forbidden. The section 497 CCPC clause but the ban also attracted it was contained in Section SI (1) of the Narcotic Material Stances Act 1997, which was particularly applicable to those offenses punishable by death. Was provided for the conviction, the appeal to release the accused on bail was illogical, contrary to the principles of satisfaction and law of the mind, thus the unstable Supreme Court granted leave to appeal. Changed and ordered the accused to be admitted on bail aside and appeal of the bail application was allowed before the High Court dismissed.

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