Abdul Sattar vs The State
This criminal petition arises out of an application for post-arrest bail filed by the petitioner Abdul Sattar, who was implicated in a narcotics case involving the alleged recovery of 4875 grams of charas. The core legal question concerns whether the petitioner is entitled to post-arrest bail on the grounds of statutory delay, parity with a co-accused who was granted bail, and alleged non-recovery of narcotics directly from his personal possession. The Lahore High Court dismissed the bail petition, holding that the petitioner's case is distinguishable from that of the juvenile co-accused, Waqas, as the police report indicates the petitioner handed the shopping bag containing the contraband to the co-accused before attempting to flee and was arrested at the spot. The Court laid down the principle that bail cannot be granted when the statutory bar contained in Section 51 of the Control of Narcotic Substances Act, 1997 applies, the offence falls within the prohibitory clause carrying capital punishment or imprisonment for life, and no exceptional grounds for departure from the prohibitory rule are made out.
- Whether bail can be granted under the Control of Narcotic Substances Act, 1997 when the recovered quantity falls within the prohibitory clause?
- Does parity in bail apply when the role of the petitioner is distinguishable from that of a co-accused who has been released on bail?
- Can an accused claim bail solely on the ground of statutory delay in the conclusion of the trial?
- Section 51, Control of Narcotic Substances Act 1997
ORDER
It is submitted that no narcotics was recovered from the petitioner; the same was recovered from Waqas, coaccused of the petitioner, who has been allowed bail by this Court vide order dated 21.4.2009 passed in Criminal Miscellaneous No. 1567-B of 2009. Further submits that the petitioner is behind the bars for the last one year and the trial has not yet concluded.
2. On the other hand, learned Deputy Prosecutor General opposes the grant of bail.
3. Heard.
4. According to F.I.R. When the Police tried to apprehend the petitioner and his co-accused, the petitioner handed over the shopping bag to his co-accused, Waqas, his maternal nephew and tried to slip away but both were arrested at the spot. 4875-Grams of Chars was recovered from the petitioner. Waqas, co-accused, of the petitioner was 13/14 years of age at the time of occurrence.
The case of the present petitioner is distinguishable to case of his coaccused, Waqas, who has been allowed bail. The offence provides punishment of Death/imprisonment for Life/14 years' R.I.
And it is note case where exception can be taken to the bar contained in Section 51 of Cont. w- oi Narcotics Substances Act, 1997 to grant bail. No ground for bail is made out. Dismissed.