ZAFAR IQBAL vs STATE and another
The petitioner, Zafar Iqbal, sought post-arrest bail in case FIR No. 493 registered under Section 9-C of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 1020 grams of Charas from his possession. The core legal question was whether the recovery of a quantity only marginally exceeding the threshold for a lesser offense warrants the grant of post-arrest bail, particularly when considering potential male fide and the absence of previous convictions. The Lahore High Court allowed the petition and admitted the petitioner to bail, holding that a mere 20-gram excess over the limit for Section 9-B to attract Section 9-C prima facie indicates mala fides on the part of the prosecution regarding the petitioner's involvement. The key principle laid down is that minor excesses over statutory weight thresholds for heightened narcotics offenses, coupled with clean antecedents and non-requirement for further investigation, can furnish reasonable grounds for post-arrest bail pending trial determination.
- Does a marginal excess over the prescribed narcotic quantity limit for a lesser offense attract mala fides regarding the application of a harsher section?
- Can post-arrest bail be granted when the recovered narcotic quantity only slightly exceeds the threshold between Section 9-B and Section 9-C of the Control of Narcotic Substances Act, 1997?
- Is the absence of previous criminal history a relevant consideration for granting bail in narcotics cases involving borderline quantities?
- Section 9-C, Control of Narcotic Substances Act 1997
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 9-B, Control of Narcotic Substances Act 1997
ORDER
Zafar Iqbal, petitioner seeks bail after arrest in case FIR No, 493 dated 17.9.2011 registered under Section 9-C of CNSA, 1997 at Police Station Mian Channu District Khanewal.
2. Briefly the allegation against the petitioner is that 1020 grams of Charas was recovered from his possession.
3. Learned counsel for the petitioner contends that the petitioner has been falsely implicated in this case; that the petitioner is previously non-convict and got blotless career and the petitioner is behind the bars sinced 7.9.2011 and his person is no more required by the police for the purpose of investigation.
4. On the other hand, learned DPG for the State opposed the bail application by arguing that huge quantity of Charas was recovered from the possession of the petitioner. Further argued that nothing is on the record to show any hostility on the part of the police to falsely implicate the petitioner in this case.
5. Heard. Record perused.
6. According to the FIR, 1020 grams Charas is alleged to have been recovered from the petitioner.
Only a meager quantity of 20 grams Charas exceeded the prescribed upper limit of the quantity of narcotics as mentioned in Section 9(b) CNSA, 1997 which resulted in bringing the case of the petitioner within the mischief of Section 9-C of CNSA, 1997. A Such a little difference of 20 grams of Charas prima facie shows male fide on the part of prosecution qua the involvement of the petitioner. It will be determined by the learned trial Court during the trial whether Section 9-C or 9- B of CNSA, 1997 attracts in this case. The petitioner has no previous history of being involved in such like cases. The petitioner is behind the bars since 17.9.2011 and his person is no more required by the police for the purpose of investigation.
7. Due to the above mentioned reasons, this petition is allowed and Zafar Iqbal petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- (Rs, One lac only) with One surety in the like amount to the satisfaction of learned trial Court.