Hameedullah vs The State
The petitioner sought post-arrest bail in case F.I.R. No. 199/2004 registered under Section 9(b) of the Control of Narcotic Substances Act, 1997, at Police Station Khushab, involving the alleged recovery of 135 grams of Charas. The core legal question was whether the accused was entitled to post-arrest bail given the small quantity of contraband recovered and the period already spent in incarceration. The Lahore High Court held that since only a small quantity of Charas was recovered, the petitioner had been behind bars for almost four months, and investigation was complete with the accused no longer required for investigative purposes, further incarceration would serve no useful purpose. The petition was consequently allowed, and the petitioner was admitted to bail. The key principle laid down is that where an accused has been in custody for a significant period during which investigation is complete and only a small quantity of a narcotic substance is involved, post-arrest bail may be granted as further detention serves no useful purpose.
- Is an accused entitled to post-arrest bail when only a small quantity of a narcotic substance is recovered?
- Does the completion of investigation and the unnecessary nature of further incarceration justify granting bail in narcotics cases?
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
RUSTAM ALI MALIK, J.- The petitioner seeks bail after arrest in case F.I.R. No. 199/2004 registered on 28.12.2004 in Police Station Khushab, under Section 9(b) of Control of Narcotic Substances Act, 1997, on the ground that only 135 grams of Charas was recovered from the petitioner. He is behind the bars since 28.12.2004. Investigation qua him is complete.
2. On the other hand, the learned counsel for the State has opposed the petition.
3. We have considered the submissions of both the learned counsel and have perused the record.
4. Only a small quantity of Charas was alleged recovered from the petitioner. He is behind the bars for almost four months and he is no longer required for the purpose of investigation. Keeping him behind the bars will not serve any useful purpose. Accordingly this petition is allowed and the petitioner is admitted to bail in the sum of Rs.50,000/-, with one surety in the like amount, to the satisfaction of the learned Trial Court.
Bail After Arrest Granted.