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DILDAR versus STATE


Section 497 Control of the Narcotic Sub Maintenance Act (XXV of 1997), Section 9 (b) bail, the defendant's grant was a minor street hawker and he was addicted to marijuana, but his reputation had no criminal history. Before that he was not involved. If 140 grams of marijuana allegedly was recovered from the accused, he will not make it a drug smuggler / transporter and he himself is addicted, he has to keep the amount himself for consumption, according to the accused No charges were made for the sale. The buyer was arrested by the police along with the accused on physical remand, but nothing was said except that four were recovered from the accused for investigation purposes. There was no need for more and his further detention would not proceed to the trial and there was no charge of guilt. Section 497 is covered under the CCPC Prohibition Clause, yet the challan of this case was not started to be presented for trial and there was no possibility of its conclusion. In the absence of, or tampering with, the evidence of the prosecution by the accused, the sentence was not to be stayed as a guarantee and he would have to face the sentence if he was eventually convicted by the trial court. ? His post-arrest trial was underway for a bail hearing pending his trial, he was granted bail.

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