MUHAMMAD MUNIR vs THE STATE
The petitioner sought post-arrest bail after being refused by the Additional Sessions Judge in a case registered under sections 6 and 9 of the Control of Narcotic Substances Act, 1997, concerning the alleged recovery of 910 grams of Garda Charas. The core legal question was whether the petitioner was entitled to post-arrest bail given the nature of the recovered substance and the circumstances of the case. The Lahore High Court held that the recovered substance was not narcotic in its entirety as the Chemical Examiner did not mention the percentage of narcotic substance, making the case one of further inquiry. Furthermore, the offence did not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898, there was no criminal history or risk of tampering with evidence, and the trial was not likely to conclude soon. The court laid down the principle that bail is not to be withheld as a punishment where the case falls for further inquiry outside the prohibitory clause and continued detention would not advance the prosecution case.
- Whether recovery of Garda Charas without specification of the percentage of narcotic substance by the Chemical Examiner makes the case one of further inquiry under section 497, Code of Criminal Procedure 1898?
- Can post-arrest bail be granted when the alleged offence does not fall within the prohibitory clause of section 497, Code of Criminal Procedure 1898 and there is no likelihood of early conclusion of the trial?
- Is bail to be withheld as a punishment in narcotics cases where the accused has no previous criminal history and no risk of abscondence or tampering with evidence?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9, Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER
' MUHAMMAD MUZAMMAL KHAN, J.---Petitioner was refused post-arrest bail by the learned Additional Sessions Judge on 28-3-2007 in case against him vide F.I.R. No,786, dated 26-12-2006 under sections 6/9, Control of Narcotic Substances Act, 1997 registered with Police Station Shalimar, Lahore. He has now filed instant petition for the same relief.
2. Gravamen of the charge, as it appears from the F.I.R. Is that Police Patrolling Party on spy information, intercepted the petitioner and on his body search "Garda Charas" weighing 910 grams was recovered from him. Petitioner was arrested and after remaining on physical remand, has since been remitted to judicial lock-up.
3. We have heard the learned counsel for the parties and have examined the police record.
Undisputedly petitioner has no criminal history to his credit, as he is not involved in any other -alike case. The alleged recovered "Garda Charas" is not Narcotic in its entirety and the Chemical Examiner has not mentioned percentage of Narcotic Substance, therein, which makes the case of the petitioner that of further inquiry. "Garda" is dust and its meager quantity allegedly recovered from the petitioner would not make him a trafficker/peddler of contraband. The offence charged is not covered by prohibitory clause of section 497, Cr.P.C. And in absence of any allegation of abscondence or tampering with prosecution evidence by the petitioner, bail is not to be withheld as of punishment, especially When in spite of submission of challan on 16-1-2007 no prosecution witness has so far been examined diminishing the chances of conclusion of the trial in the near future. Petitioner will face the sentence if ultimately convicted by the trial Court and for the time being his further detention would not advance prosecution case, any more.
4. For the reasons noted above, petitioner has made out a case for grant of his post-arrest bail in the case registered against him, pending its trial. This petition B is accordingly accepted and petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,50,000 with two sureties each in the like amount to the satisfaction of the trial Court.
Cited by 4 cases
- Mir IFTIKHAR AHMED vs THE STATE 2012 P Cr. L J 235
- YOUSIF KHAN vs THE STATE 2011 YLR 329
- MOMIN KHAN and another vs STATE PLJ 2009 Cr.C. (Peshawar) 411
- MOMIN KHAN vs THE STATE---Responde 2009 MLD 122