ZULFIQAR ALI alias ZULFI vs THE STATE
The petitioner sought post-arrest bail in a criminal case arising from F.I.R. No. 278 of 1999 registered under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 and Section 9(b) of the Control of Narcotic Substances Act, 1997, concerning the alleged recovery of 150 grams of opium. The core legal question was whether the petitioner was entitled to bail given the small quantity of the narcotic substance recovered and the prolonged delay in the trial. The Lahore High Court held that the petition should be accepted, granting post-arrest bail to the accused. The key principle laid down is that where a small quantity of a narcotic substance is involved, the accused has no prior criminal record of a similar nature, and the trial is subject to unnecessary delay, the court may exercise its discretion to release the accused on bail.
- Whether an accused found in possession of a small quantity of a narcotic substance is entitled to post-arrest bail when the trial is delayed?
- Does the absence of previous criminal involvement in similar offences support the grant of bail in narcotics cases?
- Article 3, Prohibition (Enforcement of Hadd) Order 1979
- Article 4, Prohibition (Enforcement of Hadd) Order 1979
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
' Zulfiqar Ali alias Zulfi petitioner is involved in a case under Articles 3/4 of the Prohibition (Enforcement of Hadd) Order 4 of 1979, read with section 9(b), Control of Narcotic Substances Act, 1997 registered with Karam Pur Police vide F.I.R. No.278 of 1999 dated 23-9-1999. According to the F.I.R. 150 grams of opium was recovered from the possession of the petitioner.
2. The learned counsel appearing on behalf of the State has brought to our notice that the petitioner has never been involved previously in any other offence of similar nature. The trial of the accused is unnecessarily put to delay. Keeping in view the small quantity of narcotic substances we feel inclined to allow this petition. Consequently, this petition is accepted and petitioner is released on bail provided he furnishes bail bond in the sum of Rs.50,000 with one surety in like amount to the satisfaction of the learned trial Court.