MIR ZAMAN vs THE STATE
This criminal miscellaneous application was filed by the petitioner, Mir Zaman, seeking post-arrest bail under section 9 of the Control of Narcotic Substances Act, 1997, after being charged in FIR No.20 dated 7-1-2007 at Police Station Tehkal, Peshawar, for the alleged possession of five kilograms of pukhta Charas and 200 grams of garda Charas. The core legal question revolved around whether the petitioner was entitled to post-arrest bail given the contentions of false plantation, lack of corroboration by police witnesses, and ambiguity in the chemical examiner's report regarding the nature of the samples. The Peshawar High Court held that considering the facts and circumstances of the case, along with the lack of previous conviction or involvement of the petitioner, the bail application should be allowed. The court laid down the principle that ambiguity in the FSL report concerning the categorization of narcotic samples, coupled with the absence of previous criminal record, constitutes a valid ground for granting post-arrest bail in narcotics cases.
- Whether ambiguity in the chemical examiner's report regarding narcotic samples justifies granting post-arrest bail?
- Does the absence of a previous criminal record entitle an accused to bail under the Control of Narcotic Substances Act, 1997?
- Can contradictions in the statements of police witnesses form a sufficient ground for the release of an accused on bail?
- Section 9, Control of Narcotic Substances Act 1997
' IJAZ-UL-HASSAN KHAN, J.---Mir Zaman, petitioner, charged in case F.I.R. No.20 dated 7-1-2007, registered at Police Station Tehkal, Peshawar, under section 9 of the Control of Narcotic Substances Act, 1997, after having failed to obtain bail from the Court of Additional Sessions Judge, Peshawar, has filed instant application for his release on bail.
2. Succinctly stated the facts of the case are, that on 7-1-2007, on prior information about indulgence of Mir Zaman, petitioner, in selling of Charas, Rajab Ali Khan, S.H.O. Police Station Tehkal, along with police party, while on patrol duty, apprehended the petitioner at the place of occurrence, having a black shopping bag in his hand, containing five packets one kilo gram each 'pukhta Charas' and 20 'purls garda Charas' weighing 200 grams. Four grams each were separated and sent to FSL for chemical analysis.
3. Mr. Noor Alam Khan, Advocate for the petitioner contended that it is a case of false plantation of Charas because no one would ordinarily stand on thoroughfare and publically sell narcotics. He contended that two police witnesses i.e. Raees Khan and Rahat do not corroborate the complainant's version. It was submitted that the Chemical Examiner opined that the samples in question were subjected to chemical analysis and all were found to be Charas, while two type of Charas i.e. 'pukhta' and 'garda' were sent to FSL. It was lastly contended that the petitioner is previous non-convict and is not involved in any other case. Reliance has been placed on Inayatullah v. State (2006 PCr.LJ 840), Aamir v. State (1973 PCr.LJ 205), and unreported judgments of this Court in Criminal Miscellaneous No.209 of 2005 and Criminal Miscellaneous No.508 of 2004.
4. Mr. Aurangzeb Khan, Advocate, appearing for the State, unsuccessfully controverted the arguments of learned counsel for the petitioner.
5. Two parcels were sent to FSL for chemical examination and both have been opined to be Charas but without specifying which one of the parcel was Charas and in consolidated form and which parcel was containing 'garda Charas'. Keeping in view the facts and circumstances of this case and because of no previous involvement of the petitioner in the offence of nature for which he is now charged, this bail application is allowed and the petitioner is ordered to be released on bail in case he furnished 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, who shall see that the sureties are local and men of means.
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