RIAZ AHMED vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Riaz Ahmed, who is accused in Crime No. 17 of 2004, registered at Police Station Kotri, District Dadu, for an offense punishable under Section 9-B of the Control of Narcotic Substances Act, 1997. The prosecution alleges that 130 grams of Charas were recovered from the applicant upon his apprehension on February 5, 2004. The core legal question before the Court was whether the applicant was entitled to the concession of bail given the circumstances of the recovery and the allegations of false implication due to police enmity. The Court, noting that the learned State Counsel did not oppose the application in light of the quantity of the recovered contraband and the overall facts and circumstances of the case, held that the applicant should be admitted to bail. Consequently, the Court granted the bail application, subject to the applicant furnishing a surety in the sum of Rs. 25,000 and a P.R. Bond in the like amount to the satisfaction of the trial Court.
- Is an accused entitled to post-arrest bail when the State does not oppose the application due to the quantity of narcotics recovered?
- Does an allegation of false implication due to police enmity constitute a valid ground for the grant of bail in a narcotics case?
- Section 9-B, Control of Narcotic Substances Act 1997
ORDER
1. Granted.
2. Applicant Riaz Ahmed is accused in Crime No,17 of 2004, Police Station Kotri, District Dadu, for commission of offence punishable under section 9-B of Control of Narcotic Substances Act, 1997.
' According to the prosecution story, in presence of police Mashirs 130 grams Charas was recovered from the applicant on 5-2-2004 when he was apprehended by the police.
' Learned counsel contends that due to enmity with the police the applicant has been falsely implicated in the crime.
' Mr. Anwar Ansari learned State Counsel looking to the quantity of Charas recovered from the applicant and other facts and circumstances candidly did not oppose this bail application.
' Considering the facts and circumstances of the case; Grounds Nos.5 to 7 urged in the bail application, and by consent, the applicant is admitted to bail on his furnishing surety in the sum of Rs,25,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.