51. No bail to be granted in respect of certain
offences.--Notwithstanding anything contained in Sections 496 and 497 of the
Criminal Procedure Code, 1898 (V of 1898), bail shall not be granted to an
accused person charged with an offence under this Act or under any other law
relating to narcotics where the offence is punishable with death.
(2) In the case of other offences punishable
under this Act, bail shall not be normally granted unless the Court is of the
opinion that it is a fit case for the grant of bail and against the security of
a substantial amount.
COMMENTARY
Bail
matter.
Offence u/S. 9(b) of the CNSA, 1997, no doubt, carried a sentence of less than
10 years imprisonment, but the prohibitory clause contained in S. 497(1) Cr.P.C. was hardly relevant as S. 51 of the CNSA, 1997 had
its own prohibitory clause in respect of grant of bail. Bail declined. 2002 PCr.L.J. 440.
Provisions of Section
497 Cr.P.C. are inapplicable and bail applications
under CNS Act, 1997 are to be heard, entertained and decided on parameter of
provisions as given in Section
51 of Act,
1997 therefore, ground
that an accused is under age or applicant is a female
would not be relevant for purpose of bail under Act. PLJ 2003
Cr.C. (
Recovery
of 125 grams Heroin. Offence is punishable under Act, (CNSA 1997) then bail
shall not be normally granted unless the Court is of opinion that it is a fit
case for grant of bail
and against security
of substantial amount.
Heroin of 125
grams was recovered from
possession of petitioner, therefore, it is not a fit case for grant of bail. PLJ 2005 Cr.C. (
Provisions of Section 51
of C.N.S. Act of 1997 do not admit of any exception with respect to persons who
are females or males under age of 16 years or who are sick or infirm.
Prohibition contained in Section 51 is absolute and is applicable to all kinds
of persons accused of an offence under said Act of 1997 if same is punishable
with death. Needless to mention here that petitioner is one such person because
his case falls within ambit of Section 9(c) of Act of 1997 which carries
punishment of death. Therefore contention of learned counsel for petitioner
that case of petitioner fell outside prohibition and he thus deserved to be
released on bail proceeds on incorrect premises. In this view of matter
petitioner is not entitled to grant of bail only because he was a sick person.
PLJ 2001 Cr.C. (