SHAH NAWAZ vs THE STATE
The petitioner, Shahnawaz, sought post-arrest bail in a case registered under sections 6/9 of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 500 grams of Charas from his possession. The core legal question was whether the petitioner was entitled to post-arrest bail considering the quantity recovered and his status as a first offender. The Lahore High Court held that the petitioner was entitled to bail as he had no prior criminal record, lacked notoriety as a drug pusher, and the offence fell under section 9(b) of the Control of Narcotic Substances Act, 1997. The court laid down the principle that a first-time offender facing an allegation under section 9(b) of the Control of Narcotic Substances Act, 1997, without previous criminal history or notoriety, may be admitted to post-arrest bail.
- Is a first-time offender entitled to post-arrest bail for the recovery of 500 grams of Charas under the Control of Narcotic Substances Act, 1997?
- Does an offence under section 9(b) of the Control of Narcotic Substances Act, 1997, fall within the prohibitory clause of section 497 of the Code of Criminal Procedure, 1898 in the circumstances of a first offender?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9, Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
' Shahnawaz-petitioner seeks post-arrest bail in case F.I.R. No.53 of 2004, dated 18-1-2004 registered under sections 6/9 of Control of Narcotic Substances Act, 1997, at police Station Factory Area, Lahore.
7. The allegation against the petitioner is that on suspicion he was apprehended by the police on 18-1-2004 at about 12-05 a.m. And from his possession 500 grams of Charas were recovered.
8. Learned counsel for the petitioner contended that the petitioner was never involved in a case of like nature and he was implicated in this case malafidely by the police and that even otherwise his case does not fall within the Prohibitory Clause of section 497, Cr.P.C. Learned counsel for the State vehemently opposed the grant of bail to the petitioner.
4. With the assistance of learned counsel for the parties record of this case has been perused. The petitioner has no criminal history and was never involved in any criminal case of like nature. He also does not have the notoriety as drug pusher either. Being first offender and for the reason that case under section 9(b) of Control of Narcotics Substance Act, 1997 is made out against the petitioner, the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.1,00,000 (Rupees One lac) with one 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.