SHERIN MUHAMMAD vs THE STATE
This matter concerns a bail application filed by the petitioner, Sherin Muhammad, following his arrest for the alleged possession of 1130 grams of Charas and an unlicensed Kalashnikov with ammunition. The police conducted a raid on the petitioner's residence, leading to the registration of a case under the Control of Narcotic Substances Act, 1997 and the Arms Ordinance. The petitioner's initial bail application was dismissed by the Additional Sessions Judge. Before the High Court, the petitioner sought post-arrest bail. The Court observed that the recovered quantity of 1130 grams marginally exceeded the 1000-gram threshold, placing the case in a borderline category between clauses (b) and (c) of Section 9 of the Control of Narcotic Substances Act, 1997, thereby necessitating further inquiry. Additionally, the Court noted the absence of a report from the Chemical Examiner at the time of the hearing and considered the petitioner's status as a first-time offender. Consequently, the Court accepted the bail application, directing the petitioner's release upon furnishing bail bonds.
- Does the recovery of a narcotic quantity marginally exceeding the statutory threshold constitute a ground for further inquiry in bail proceedings?
- Is the absence of a Chemical Examiner's report at the time of a bail hearing a relevant factor for granting post-arrest bail?
- Can a first-time offender be granted bail when the recovered contraband quantity falls into a borderline category under the Control of Narcotic Substances Act 1997?
- Section 9, Control of Narcotic Substances Act 1997
- Section 13, Arms Ordinance 1965
' IJAZ-UL-HASSAN KHAN, J.--- On receipt of complaints from the inhabitants of the locality that petitioner Sherin Muhammad, deals in narcotic business in his house in Mohallah Zarbora Badrashi, District Nowshera, a police party, headed by Mir Qasim Khan, S.H.O., Police Station Cantt. Nowshera, raided the house of the petitioner on 11-12-2005 at about 8-00 a.m. And recovered Charas from a residential Kotha' of the house. The Charas was weighed and found 1130 grams. Five grams were separated out of the contraband Charas and sent to the office of Chemical Examiner, Peshawar for opinion. The search of the house also led to the recovery of a kalashnikov and ten live cartridges.
The petitioner was formally arrested and a case was registered against him, vide F.I.R. No,634, dated 11-12-2005 under section 9, C.N.S.A. Read with section 13, A.O. At Police Station Nowshera Cantt. The petitioner moved an application in the Court of Additional Sessions Judge, Nowshera for grant of bail which was dismissed by order, dated 20-12-2005. The petitioner has approached this Court with the similar prayer.
2. I have heard Mr. Arshad Samad, Advocate for the petitioner and Malik Manzoor Hussain, Advocate, appearing on behalf of the State.
3. The contraband Charas weighing 1130 grams has been recovered from the house of the petitioner during raid. The quantity of 1130 grams marginally exceeds the limit of thousand grams, therefore, being a border line case between clause "B" and "C" of section 9 of Control of Narcotic Substances Act, 1997, is a point of discussion and further inquiry to determine guilt of the petitioner.
Taj Ali Khan v. The State 2004 YLR 439 (Peshawar). Further, the contraband Charas alleged to have been recovered on 11-12-2005, report of the Chemical Examiner has not been received so far. The petitioner is the first offender and he is in jail ever since his arrest on the aforesaid date i,e, 11-12- 2005. The application is accepted and the petitioner is directed to be released on bail on furnishing bail bonds in the sum of Rs,3,00,000 with two sureties each in the like amount to the satisfaction of Illaqa Judicial Magistrate.
Cited by 5 cases
- MUHAMMAD SHAFIQUE vs The STATE 2016 P Cr. L J 1315
- MUHAMMAD AZAM vs THE STATE 2012 YLR 1365
- Mst. NASEEBAN vs THE STATE PLJ 2012 Cr.C. (Karachi) 447, 2012 P Cr. L J 869
- HAKEEM SHAH vs THE STATE 2008 YLR 2014
- MAHBOOB ALI vs THE STATE 2007 YLR 2968