HIKMAT KHAN vs THE STATE
The applicant sought post-arrest bail after being arrested on November 1, 2008, pursuant to the recovery of 25 grams of heroin, leading to the registration of a case under the Prohibition (Enforcement of Hadd) Order, 1979. His previous bail application was dismissed by the Sessions Judge. The core legal question concerned whether post-arrest bail should be granted given the small quantity of the recovered narcotic substance and whether the offense fell within the prohibitory clause of the Code of Criminal Procedure. The Sindh High Court held that the recovery of a very small amount of heroin necessitated further inquiry into whether the narcotics were intended for personal consumption or trafficking, and whether the case attracted the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898. Consequently, the court allowed the bail application, directing the release of the applicant subject to the furnishing of appropriate surety bonds.
- Does the recovery of a small quantity of narcotics warrant further inquiry regarding personal consumption versus trafficking for the purpose of bail?
- Does an offense involving a small quantity of narcotics fall within the prohibitory clause of Section 497(1) of the Code of Criminal Procedure 1898?
- Section 3/4, Prohibition (Enforcement of Hadd) Order 1979
- Section 497(1), Code of Criminal Procedure 1898
ORDER
' SALMAN ANSARI, J.---The applicant according to the prosecution case was arrested on 1-11-2008 and 25 grams heroin was recovered from his possession, hence a case under section 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979 was registered at police station Sharifabad, Karachi Central against applicant. The bail application of the applicant was rejected by the learned Sessions Judge Karachi, Central.
2. It is argued by the learned counsel for applicant that alleged recovery of very small amount of narcotics has been shown for which no independent witness has been shown and police has falsely implicated the applicant foisting upon him the said narcotics from which two grams has been sent to the Chemical Analyst.
3. Considering that very small amount of heroin has been recovered, hence the matter would require further enquiry whether narcotic was for applicant's personal consumption or for selling.
Even otherwise it is yet to be seen whether the case of the applicant would fall within the prohibitory clause of section 497(1), Cr.P.C., Consequently, I allow this bail application. The applicant be released on bail on his furnishing surety in the sum of Rs,1,00,000 and executing PR bond in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.