MUHAMMAD ASLAM and another vs THE STATE
This matter arises from a post-arrest bail petition filed by Muhammad Aslam and Peer Bakhsh seeking release in case F.I.R. No. 389 of 2005 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Ghallah Mandi, Sahiwal, following the alleged recovery of 105 kilograms of "Bhang". The core legal question before the court was whether the recovery of "Bhang" fell within the definition of hemp under the Control of Narcotic Substances Act, 1997 so as to attract the prohibitory clause, and whether the petitioners were entitled to post-arrest bail on the grounds of further inquiry and delay in the trial. The Lahore High Court held that the recovered material being "Bhang" brought the case within the ambit of further inquiry under Section 2(d)(ii) of the Control of Narcotic Substances Act, 1997, and considering that the petitioners had been behind bars since their arrest without material progress in the trial, punishment before conviction could not be permitted. The court laid down the principle that where the chemical report confirms the recovered substance to be "Bhang", its exclusion from the strict definition of hemp warrants further inquiry, entitling the accused to post-arrest bail.
- Does the recovery of Bhang bring the case within the ambit of further inquiry under the Control of Narcotic Substances Act, 1997?
- Whether an accused from whom Bhang is recovered is entitled to post-arrest bail when the trial has made no material progress?
- Section 9(c), Control of Narcotic Substances Act, 1997
- Section 2, Control of Narcotic Substances Act, 1997
- Section 2(d)(ii), Control of Narcotic Substances Act, 1997
ORDER
' Petitioners Muhammad Aslam and Peer Bakhsh seek post-arrest bail in case F.I.R. No,389 of 2005, dated 28-8-2005 under section 9(c), Control of Narcotic Substances Act, 1997 registered at Police Station Ghallah Mandi, Sahiwal at the instance of Allah Ditta, S.-I.
2. According to the F.I.R., Allah Ditta, S.-I. Along with Muhammad Arshad, Muhammad Iqbal, Muhammad Shahbaz constables and Muhammad Azam driver of the official Vehicle No,3311-SLJ were present at Chowk Arifwala, Sahiwal when on the information and pointation of an informer a raid was conducted outside Larry Adda, Sahiwal and two persons namely Muhammad Aslam and Peer Bakhsh petitioners herein along with three Sacks of "Bhang" weighing 105 kilograms were arrested. Hence the F.I.R.
3. Learned counsel for the petitioners submits that the petitioners are innocent and F.I.R. Has been wrongly registered against them; that according to the F.I.R. "Bhang" has been recovered from the petitioners and this has not been included within the definition of hemp in section 2 of the Control of Narcotic Substances Act, 1997. Reliance is placed upon Abdul Jalil v. The State 2000 PCr.LJ 760.
4. The learned State Counsel has opposed the bail petition.
5. We have heard the learned counsel for the petitioner and State and gone through the record.
6. The alleged material recovered from the petitioners was sent to Chemical Examination and according to the report, dated 20-9-2005, the entire recovered material is "Bhang". The above contentions of the learned counsel for the petitioner that "Bhang" is not hemp as defined in section 2(d)(ii) of the Control of Narcotic Substances Act, 1997 brings the case of the petitioner within the ambit of further inquiry. The petitioners were arrested on 28-8-2005 and since they are behind the bars. The challan has been submitted in Court but there is no material progress in the trial. The detention of the petitioners cannot be allowed, as in criminal jurisprudence, there is no concept of punishment before conviction.
7. In the light of what has been discussed above, the petitioners are allowed bail subject to their furnishing bail bonds in the sum of Rs,1,00,000 each with one surety each in the like amount to the satisfaction of learned trial Court.
Cited by 3 cases
- MUHAMMAD JAVED Versus State 2017 PCrLJN 204
- MUHAMMAD SAJID vs THE STATE 2008 MLD 1266
- NAJABAT ALI SHAH vs THE STATE 2008 P Cr. L J 750