SAEED ULLAH vs STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, who was charged under Sections 23 and 27 of the Drugs Act, 1976, Section 13 of the Arms Ordinance, and Section 109 of the Pakistan Penal Code 1860, following the alleged recovery of spurious, substandard, and unregistered drugs and an unlicensed pistol. The core legal question was whether the petitioner was entitled to bail given the nature of the allegations and the statutory provisions involved. The Court held that Section 23 of the Drugs Act, 1976, prohibits the export, import, or manufacture for sale of spurious drugs, but does not explicitly criminalize the mere possession of such drugs. Furthermore, the Court observed that the maximum sentence provided under Section 27 of the Drugs Act, 1976, is three years, which falls outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, noting that the petitioner had been incarcerated since June 2006 and the trial had not yet commenced, the Court granted the bail petition.
- Does Section 23 of the Drugs Act 1976 criminalize the mere possession of spurious drugs?
- Does an offense punishable by three years of imprisonment fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is the continued detention of an accused justified when the trial has not yet commenced?
- Section 23, Drugs Act 1976
- Section 27, Drugs Act 1976
- Section 13, Arms Ordinance
- Section 109, Pakistan Penal Code 1860
- Section 497, Code of Criminal Procedure 1898
ORDER
The petitioner seeks post arrest bail in case FIR No. 5 dated 27.6.2006 registered under Sections 23/27 of Drugs Act, 1976 read with Section 13. of Arms Ordinance and Section 109 PPC with Police Station FIA Crime Circle Rawalpindi.
2. Briefly the allegation against the petitioner and his co-accused is,,that during raid. FIA police apprehended them and on their premises, spurious Substandard and un-registered drugs worth Rs. 10 lacs were recovered. 30 bore un-licenced pistol was also recovered. On inquiry, licence or written legal authority was not produced by the accused persons.
3. I have heard the learned counsel for the petitioner as well as the learned Standing Counsel and perused the record.
4. The petitioner has been charged for violation of Section 23 of the Drugs Act. 1976. Penalty for which is provided under Section 27 ibid. Section 23 provides: (1) no person shall himself or by any other person on his behalf:
(a) . Export import or manufacture for sale or sell:
(i) ...................
(ii) ..................
(iii) ..................
Bare reading of the above quoted provision of law shows that Legislature in its wisdom has restricted export, import or manufacture for sale or selling any spurious drug. Mere possession of a spurious drug has not been made punishable under Section 27 of the Drugs Act. Sentence for offence under Section 27 is 3 years R.I which falls outside the prohibitory clause of Section 497 Cr.P.C. The petitioner was arrested on 27.6.2006 and is behind the bars since then. Challan has been submitted in the Court after investigation. Keeping the petitioner behind the bars. When, even the commencement of trial is not insight. Will not serve the ends of justice.
5. For what has been discussed above, this petition is allowed and the petitioner is admitted to bail subject to furnishing of bail bonds in the sum of Rs. 50,000/- with one surety in the like amount to the satisfaction of trial Court.