TAFSEEL HUSSAIN alias MANTO vs THE STATE
This matter comes before the Lahore High Court through a petition filed by Tafseel Hussain alias Manto seeking post-arrest bail in case F.I.R. No. 526 registered at Police Station Old Anarkali, Lahore, for an offence under section 6 read with section 9 of the Control of Narcotic Substances Act, 1997. The core legal question concerns whether the petitioner is entitled to post-arrest bail given the circumstances of the case, including the quantity of the recovered substance and the lack of a Chemical Examiner's report. The court held that the quantity of the recovered substance was not alarmingly big, no report had been received from the Chemical Examiner confirming it as a narcotic substance, and the petitioner had no previous criminal antecedents or credentials as a narcotics dealer. The court determined these factors constituted special circumstances under subsection (2) of section 51 of the Control of Narcotic Substances Act, 1997. Consequently, the court allowed the petition and admitted the petitioner to post-arrest bail subject to furnishing appropriate bail bonds, laying down the principle that absence of a chemical report coupled with lack of previous criminal record and moderate quantity can constitute special circumstances for granting bail under the Act.
- Whether absence of a report from the Chemical Examiner regarding the recovered substance constitutes a ground for post-arrest bail?
- Do lack of previous criminal antecedents and a non-alarming quantity of a recovered substance amount to special circumstances under section 51(2) of the Control of Narcotic Substances Act 1997?
- When can an accused be admitted to post-arrest bail under the Control of Narcotic Substances Act 1997?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9, Control of Narcotic Substances Act 1997
- Section 51(2), Control of Narcotic Substances Act 1997
ORDER
' Through this petition Tafseel Hussain alias Manto petitioner has sought post-arrest bail in case F.I.R. No.526 registered at Police Station Old Anarkali, Lahore on 18-10-2005 for an offence under section 6 read with section 9 of the Control of Narcotic Substances Act, 1997.
2. After hearing the learned counsel for the parties and going through the record we have noticed that the quantity of the recovered substance in this case is not alarmingly big and so far no report has been received from the Chemical Examiner regarding the recovered substance being narcotic substance. According to the learned counsel for the State and the police officer present with the record the petitioner has no antecedents or credentials of being a dealer in narcotics as no case of this nature previously stands registered against him at the relevant Police Station. Theie considerations have been found by us to be special circumstances within the contemplation of the provisions of subsection (2) of section 51 of the Control of Narcotic Substances Act, 1997 so as to admit the petitioner to bail. This petition is, therefore, allowed and the petitioner is admitted to bail subject to furnishing bail bond in the sum of Rs.50,000 (Rupees fifty thousand only) with two sureties each in the like amount to the satisfaction of the learned trial Court.
Cited by 2 cases
- Babar Jameel vs THE STATE 2018 SHC 609
- BABAR JAMEEL Versus State 2018 PCrLJ 473