KAMRAN MASIH vs THE STATE
This criminal miscellaneous petition arises from a post-arrest bail application filed by the petitioner in case F.I.R. No. 70 dated 15-2-2008, registered under Section 9(b) of the Control of Narcotic Substances Act, 1997 at Police Station Kohsar Islamabad. The core legal question concerns whether the petitioner is entitled to post-arrest bail given the recovery of a meager quantity of narcotics and the statutory context of the case. The court held that the petitioner is entitled to bail, noting that only 610 grams of Charas was allegedly recovered, the petitioner had been incarcerated since 16-2-2008, no further investigation was required, and the challan had not yet been submitted in court. The key principle laid down is that the recovery of a meager quantity of narcotics, coupled with prolonged pre-trial detention and the non-submission of the challan, constitutes sufficient ground to admit an accused person to post-arrest bail.
- Is an accused entitled to post-arrest bail when a meager quantity of narcotics is recovered and the challan has not yet been submitted?
- Does prolonged pre-trial detention without submission of the challan warrant the grant of bail in narcotics cases?
- Whether the recovery of 610 grams of Charas constitutes sufficient ground for withholding post-arrest bail?
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
' Through this criminal miscellaneous, petitioner seeks his post-arrest bail in case F.I.R. No,70 dated 15-2-2008, registered at Police Station Kohsar Islamabad under section 9(b) C.N.S.A, 1997.
2. Learned counsel for the petitioner contends that the petitioner is first offender, whereas, there is no likelihood that trial will be concluded in the future. He further adds that meager quantity of narcotic i.e, 610 grams of Charas was allegedly recovered from the petitioner.
3. On the other hand, learned Federal Counsel argues that the petitioner does not deserve any leniency, as he has committed heinous offence and was caught red handed.
4. Arguments heard. Record perused.
5. Meagre quantity of narcotic i.e, 610 grams Charas was allegedly recovered from the petitioner.
He is behind the bars since 16-2-2008. He is no more required for the purpose of further investigation. Even challan has yet not been submitted in the Court.
6. In these circumstances, we are inclined to admit the petitioner to bail, subject to furnishing bail.
Bond valuing Rs,1,00,000 with one surety in the like amount to the satisfaction of learned trial Court.