MUHAMMAD EJAZ alias JUGGI vs THE STATE
This matter concerns a petition for post-arrest bail filed under Section 497 of the Code of Criminal Procedure 1898, following the petitioner's arrest for the alleged possession of 500 grams of Charas, an offence under Section 9(b) of the Control of Narcotic Substances Act 1997. The core legal question was whether the petitioner was entitled to bail given the nature of the offence and whether it fell within the prohibitory clause of Section 497, Code of Criminal Procedure 1898. The Court held that the offence under Section 9(b) of the Control of Narcotic Substances Act 1997 does not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898. Consequently, the Court granted bail, reaffirming the established legal principle that the grant of bail is the rule and refusal is the exception, particularly in cases not covered by the prohibitory clause, thereby allowing the petition subject to the furnishing of bail bonds.
- Does an offence under Section 9(b) of the Control of Narcotic Substances Act 1997 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Is the grant of bail the rule and refusal the exception in cases not falling within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Section 497, Code of Criminal Procedure 1898
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
' Muhammad Ejaz alias Juggi son of Muhammad Yousaf petitioner through this petition tinder section 497, Cr.P.C. Seeks post-arrest bail in case registered against him vide F.I.R. No,83, dated 4- 3-2008 for offence under section 9-B of Control of Narcotic Substances Act (XXV of 1997) at Police Station City Samundari District Faisalabad. Bail has been declined to the petitioner by the learned Additional Sessions Judge, Samundari vide his order, dated 18-3-2008, hence this petition.
2. As per F.I.R. Lodged on the complaint of Zafar Iqbal, Inspector Police Station City Samundari, the allegation against the petitioner is that Charas weighing 500 grams has been recovered from the possession of the petitioner.
3. Before us, learned counsel for petitioner contends that allegation against the petitioner is false and he is innocent; that offence under section 9-B of C.N.S.A., 1997 does not fall under the prohibitory clause of section 497, Cr.P.C. Grant of bail is a rule and refusal an exception, therefore, the petitioner is entitled for grant of bail.
4. Conversely, bail petition has seen opposed by the learned Deputy Prosecutor-General on the ground that petitioner is nominated in the F.I.R.; he was apprehended red-handed and Charas weighing 500 grams has been recovered from him, therefore, he is not entitled for grant of bail.
5. Arguments heard. Record perused. The petitioner was apprehended and Charas weighing 500 grams wrapped in a shopping bag was recovered from him. Offence under section 9-B of C.N.S.A., 1997 does not fall under the prohibitory clause of section 497, Cr.P.C. Grant of bail is a rule and refusal an exception as held in case reported as Tariq Bashir and 5 others v. The State PLD 1995 SC
34. Therefore, without going deep into the merits of the case we are inclined to grant bail to the petitioner. Resultantly, this petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the trial Court/Duty Judge.
Cited by 1 case
- Sardar MUHAMMAD AZAD KHAN and another vs The STATE 2018 YLR 417