GUL AMIR vs THE STATE
This bail application was filed by the accused, Gul Amir, seeking post-arrest bail in a narcotics case involving the recovery of 330 grams of heroin. The applicant was charged under Section 6/9(b) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the applicant was entitled to bail, particularly given that a co-accused, Sarwar Khan, had already been granted bail by the trial court, and whether the offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. The prosecution opposed the bail, arguing that the subsequent receipt of a positive chemical analyzer's report distinguished the applicant's case from that of the co-accused. The Court held that the allegations against the applicant were similar to those against the co-accused and that the chemical report did not fundamentally alter the nature of the case. Concluding that the offence, carrying a maximum punishment of seven years, did not fall within the prohibitory clause of Section 497, Code of Criminal Procedure 1898, the Court granted bail to the applicant.
- Does an offence under Section 6/9(b) of the Control of Narcotic Substances Act 1997 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can bail be granted to an accused when a co-accused facing similar allegations has already been granted bail?
- Section 6/9(b), Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' SALMAN ANSARI, J.---This bail application has been moved on behalf of Gul Amir who was apprehended on 4-11-2008 along with another accused Sarwar Khan from whom both shopping bags containing heroin 330 grams from the applicant and 110 grams from other co-accused Sarwar Khan were recovered. The case under section 6/9(b), CNS Act, 1997 was registered at P.S. ANF-C, Karachi being F.I.R. No,36 of 2008. The bail application was rejected by the trial Court, hence the present bail application before this Court on the grounds that the co-accused Sarwar Khan has been granted bail by the trial Court, on the ground that chemical analyzer's report has been received the application of the present accused was rejected, the offence falls under the provision of Section 6/ 9(b) of the CNS Act, 1979 in which 7 years imprisonment has been shown which case does not fall within the prohibitory clause of section 497, Cr. P.C.
2. ' Learned Special Prosecutor ANF has very vehemently opposed the bail application on the ground that at the time of bail of the other accused Sarwar Khan was considered there was no Chemical Analyzer's Report to determine the nature of the narcotic, thereafter the report has been received to show that heroin has been recovered such elements destroy the very fabric of the society and no leniency should be shown towards them and this bail application is likely to be rejected.
3. Having heard the arguments in this matter co-accused was granted bail as there was similar allegation and the report of the chemical analyzer would make little the difference so as to place this case on different footing than that of the other co-accused Sarwar Khan, who was granted bail by the trial Court, the recovery has been shown in this case under section 6/9(b) of the CNS Act, 1979 in which 7 years punishment is provided, hence the case does not fall within the prohibitory clause of section 497, Cr.P.C.
4. ' Under the circumstances, I allow this bail application the applicant/ accused be released on bail subject to his furnishing solvent surety for an amount of Rs,200,000 with P.R. Bond in the like amount to the satisfaction of the trail Court.