MUHAMMAD SHEHZAD vs THE STATE and another
This matter arises from a second post-arrest bail petition filed by the petitioner, Muhammad Shehzad, seeking pre-trial release in case F.I.R. No. 18 dated 21-6-2010 registered under section 9(c)/15 of the Control of Narcotic Substances Act, 1997, following the recovery of six kilograms of charas. The core legal question concerns whether the accused is entitled to post-arrest bail given the huge quantity of narcotics recovered, the submission of the challan, and the dismissal of his previous bail petition as withdrawn after full arguments. The Lahore High Court dismissed the petition, holding that in view of the large quantity of contraband recovered and the binding precedent of the Supreme Court of Pakistan in The State through Force Commander, Anti-Narcotics Force, Rawalpindi v. Khalid Sharif (2006 SCMR 1265), the petitioner was not entitled to post-arrest bail at this stage. The key principle laid down is that recovery of a commercial or huge quantity of narcotics under the Control of Narcotic Substances Act, 1997 disentitles an accused to the concession of post-arrest bail, particularly when earlier bail has been withdrawn and the challan has been submitted.
- Is an accused entitled to post-arrest bail when a huge quantity of contraband charas is recovered from his possession?
- Does the withdrawal of a prior post-arrest bail petition after full arguments affect the maintainability or consideration of a subsequent bail petition?
- Whether submission of the challan combined with the recovery of a prohibitory quantity of narcotics warrants the refusal of post-arrest bail under the Control of Narcotic Substances Act, 1997?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
ORDER
' This is 2nd post-arrest bail petition filed by the petitioner before this Court. The first one bearing Criminal Miscellaneous No,13206-B of 2010 was dismissed as withdrawn in terms of order dated 25- 11-201'0.
2. Petitioner Muhammad Shehzad, by means of instant petition, has sought for his post arrest bail in case F.I.R. No,18, dated 21-6-2010, registered under section 9(c)/15 of the Control of Narcotic Substances Act, 1997, with Police Station ANF, Faisalabad.
3. Allegation against the petitioner, in brief, as per contents of the F.I.R., is that on 21-6-2010, he was apprehended by the police and from his possession contraband charas weighing 6-Kgs was recovered.
4. It is argued by the learned counsel for the petitioner that he has falsely been implicated in this case. Learned counsel further states that quantity of the recovered contraband charas is fake and fictions, which is planted one. As a matter of fact, learned counsel submits, the petitioner divorced sister of one Ejaz constable and due to this reason, he has been involved in so many false cases. It is lastly argued on his behalf that the petitioner is behind the bars for the last six months and his person is no more required by the police for further investigation, therefore, he is entitled to the concession of bail.
5. On the other hand, learned Special Prosecutor ANF has opposed this petition with vehemence with the averments that huge quantity of contraband charas was recovered from the petitioner. It is also argued that challan of the case has been submitted on 21-6-2010 and in view of ratio decidendi of august Supreme Court of Pakistan in the case of The State through Force Commander, Anti-Narcotics Force, Rawalpindi v. Khalid Sharif (2006 SCM R 1265), the petitioner is not entitled to the relief of post-arrest bail at this stage.
6. Arguments led pro and contra have been heard. We have also gone through the record available on file.
7. Admittedly earlier post-arrest bail petition filed by the petitioner bearing Criminal Miscellaneous No,13206-B of 2010 was withdrawn by his learned counsel after arguing the same at full length.
Moreover, a huge quantity of contraband charas weighing 6-Kgs was recovered from the petitioner. The learned Special Prosecutor has also informed that challan in the case stands submitted on 21-6-2010. Therefore, in view of dictum of law of august Supreme Court of Pakistan in the case of The State through Force Commander, Anti-Narcotics Force, Rawalpindi v. Khalid Sharif (2006 SCM R 1265), we are not inclined to extend the relief of post-arrest bail to the petitioner at this stage. The instant petition, therefore, stands dismissed.