Pakistan Case Law
2004 YLR 439

TAJ ALI KHAN vs THE STATE

⭐ Prefer in Google
Citation2004 YLR 439
CourtPeshawar High Court
Case No.Criminal Miscellaneous Bail Petition No,263 of 2003
Date2003-07-03
Judge(s)Dost Muhammad Khan
ResultBail allowed
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This petition for post-arrest bail was filed by the petitioner, Taj Ali Khan, who was charged under Section 9 of the Control of Narcotic Substances Act 1997 after allegedly being found in possession of 1500 grams of Charas. The core legal question was whether the petitioner was entitled to bail given the quantity of contraband recovered and his lack of criminal history. The Peshawar High Court held that because the recovered quantity of 1500 grams marginally exceeded the 1000-gram threshold, it constituted a borderline case between clauses (b) and (c) of Section 9 of the Control of Narcotic Substances Act 1997. Additionally, whether the maximum alternative punishment of 14 years would be awarded remained a matter of further inquiry. Since the petitioner had no prior convictions or involvement in similar offenses, the Court allowed the petition and granted bail. The key principle laid down is that borderline recovery quantities marginally exceeding statutory thresholds, coupled with a clean criminal record, can make a case fit for further inquiry, justifying the grant of bail.

Questions settled in this judgment
  • Whether a recovery of narcotics marginally exceeding the statutory threshold of 1000 grams constitutes a borderline case making the matter fit for further inquiry under bail provisions?
  • Can post-arrest bail be granted in a narcotics case where the accused has no previous criminal record of committing similar offenses?
  • Does the uncertainty of whether the maximum alternative statutory punishment will be awarded justify the grant of bail on the ground of further inquiry?
Laws & provisions referred
  • Section 9, Control of Narcotic Substances Act 1997
  • Section 9(b), Control of Narcotic Substances Act 1997
  • Section 9(c), Control of Narcotic Substances Act 1997
post-arrest bailnarcoticsborderline casefurther inquiryCharasControl of Narcotic Substances Act

' Taj Ali. Khan, petitioner is seeking bail in case F.I.R. No,256 dated 30-6-2003 for offence under section 9, C.N.S. Act Police Station, Lakki Marwat.

' The allegations against him are that when he was confronted with Muhammad Tahir, S.H.O. He attempted to run away but was apprehended and in that course he had thrown a plastic wrapper which was collected from the ground and 1500 grams Charas was found therein, therefore, he was booked under the above F.I.R.

2. Arguments heard and record perused.

3. Not only because the quantity of 500 grams marginally exceeds the upper limit of 1000 grams, therefore, being a border line case between clause 'B' and 'C' of section 9 and also because in the given circumstances whether maximum punishment of 14 years provided in the alternative would be awarded or not is also a point of discussion and further inquiry. Also from the record it is not established that he is a previous convict or involved in the same and similar offence in the past.

4. For the above reasons, this petition is allowed. The petitioner is granted bail in the sum of Rs,50,000 with two reliable sureties each in the like amount to the satisfaction of the Alaqa/Judicial Magistrate. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 27 cases

For educational and research use only — not legal advice. Verify against the official report before relying on it. See our Disclaimer.