Mst. ZOHRA BIBI vs THE STATE and another
This matter concerns a petition for post-arrest bail filed by the petitioner, Mst. Zohra Bibi, who was charged under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 1 kilogram of charas. The core legal question was whether the petitioner was entitled to the grant of bail given the nature of the offense and the quantity of the narcotic recovered. Upon review, the Court observed that the recovered quantity fell within the upper limit prescribed under Section 9(b) of the Control of Narcotic Substances Act, 1997. Furthermore, the Court noted that the petitioner was a first-time offender and had been incarcerated since the date of her arrest. Consequently, the Court held that the petitioner's case warranted the grant of bail. The petition was accepted, and the petitioner was admitted to bail subject to the furnishing of bail bonds to the satisfaction of the trial court, establishing that the specific quantity of narcotics and the petitioner's criminal history are relevant factors in exercising judicial discretion for bail in narcotic cases.
- Is a petitioner entitled to post-arrest bail when the recovered quantity of narcotics falls within the upper limit of Section 9(b) of the Control of Narcotic Substances Act 1997?
- Does the status of being a previous non-convict influence the grant of bail in narcotic cases?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
' CH. IFTIKHAR HUSSAIN, J.---Petitioner Mst. Zohra Bibi through the instant petition has sought for post-arrest bail in case F.I.R. No,59 registered under section 9(c)/15 of the Control of Narcotic Substances Act, 1997 with Police Station ANF, Lahore on 14-7-2010.
2. Briefly the prosecution case as per the F.I.R. Is that on the said date i.e, on 14-7-2010 at about 2-15 p.m., she had in her possession 1 Kg. Charas.
3. After hearing the learned counsel for the parties and perusing the record, we find that the quantity of narcotic recovered from her is on the upper limit prescribed in section 9(b) of the aforesaid Act. She is stated to be previous non-convict and behind the bars since the date of her arrest.
4. We, therefore, have been persuaded to hold her case to be an appropriate one for the relief prayed for. We, therefore, accept this petition and admit her to bail subject to her furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) with one surety in the like amount to the satisfaction of the learned trial Court.