' The petitioner seeks the grant of bail in case F.I.R. No,181 of 1998, dated 22-5-1998 under section 9- C of the Control of Narcotic Substances Act, 1997 read with Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 registered at Police Station Sadar, Kamalia, District Toba Tek Singh.
2. According to the prosecution case, a police party, on a spy information, apprehended the petitioner and heroin weighing one Kilogram and 200 grams was recovered from the shopping bag which the petitioner was carrying.
3. The learned counsel for the petitioner argued that only 1 gram heroin was set to the Chemical Examiner. It was further submitted that the provisions of section 103, Cr.P.C. Had been violated inasmuch as no respectable of the locality was associated to witness the alleged recovery. It was further argued that only the Anti-Narcotics Force constituted under the Control of Narcotic Substances Act, 1997 could arrest, investigate and prosecute the petitioner. The contentions were opposed by the learned State Counsel.
4. We have heard the learned counsel for the parties at length. Huge quantity of heroin was recovered from the possession of the petitioner. No mala fide was shown to exist. The provisions of section 103, Cr.P.C. Were not, prima facie, attracted inasmuch as the application thereof was specifically excluded by virtue section 25 of the Control of Narcotic Substances Act, 1997.
Reasonable grounds exist for the involvement of the petitioners in the alleged offence falling within the prohibition of section 497, Cr.P.C.
5. For the foregoing reasons, we are not persuaded to grant bail to the petitioner. The bail application fails and is dismissed.