ALLAH DITTA vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, who was charged under sections 9 and 25 of the Control of Narcotic Substances Act, 1997, following the recovery of two kilograms of poppy-straws. The petitioner contended that he lacked mens rea, arguing that poppy-straws are used indigenously for medicinal purposes, and further challenged the legality of the raid and subsequent investigation, asserting that they were conducted by an Assistant Sub-Inspector in violation of section 21 of the Control of Narcotic Substances Act, 1997. The Court considered the petitioner's prolonged incarceration since July 2003 and the fact that the trial had not yet commenced. The Court held that, given the circumstances, the petitioner was entitled to the concession of bail. The key principle established is that where the trial is not in sight and the accused has been incarcerated for a significant period, the court may exercise its discretion to grant bail, particularly when procedural irregularities in the investigation, such as the unauthorized conduct of a raid by an officer of lower rank, are raised.
- Can an Assistant Sub-Inspector legally conduct a raid under the Control of Narcotic Substances Act, 1997?
- Does the lack of mens rea regarding the classification of a substance as narcotic provide grounds for bail?
- Is prolonged pre-trial incarceration a valid ground for granting post-arrest bail in narcotic cases?
- Section 9, Control of Narcotic Substances Act, 1997
- Section 21, Control of Narcotic Substances Act, 1997
- Section 25, Control of Narcotic Substances Act, 1997
ORDER
' ALI NAWAZ CHOWHAN, J.--- The petitioner is asking for his post-arrest bail in case F.I.R. No,259, dated 2-7-2003 registered under sections 9 and 25 of Control of Narcotic Substances Act, 1997 at P.S. Mustafabad, District Kasur.
2. The petitioner was found in possession of two kilograms of poppy-straws at the time of his arrest.
It is stated that the petitioner was unaware of the fact whether the poppy-straws would fall under the definition of narcotic substances because indigenously these are available and are used by quacks for medicinal purpose. That there is no mens rea attached. That there is no separation of the contents of the poppy-straws and the weight which is being reflected by the prosecution is, therefore, a deception. Learned counsel for the petitioner went on to say that even the raid was illegal because it was conducted by an A.S.-I. This is forbidden by section 21 of Control of Narcotic Substances Act, 1997. That the investigation is being conducted by an A.S.-I. And which further compounds illegality.
3. Keeping in view the circumstances and the fact that the petitioner is in the lock-up since 2/3-7- 2003 and the trial is not in sight, the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs,20,000 with one local surety in the like amount to the satisfaction of the trial Court. 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.