Arif Khan vs The State, Etc
The petitioner sought post-arrest bail in a criminal case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, alleging possession of 1250 grams of Charas-garda. The core legal question was whether the petitioner was entitled to post-arrest bail given the quantity of narcotics recovered and his previous criminal record. The Lahore High Court held that the petitioner was a previous convict for an identical offence under the same statute and that the current offence was hit by the prohibitory embargo under Section 51 of the Control of Narcotic Substances Act, 1997, as well as Section 497 of the Code of Criminal Procedure 1898. Consequently, the court dismissed the bail petition, establishing that repeated involvement in narcotics offences and statutory bars preclude the grant of bail.
- Is a previous convict for a narcotics offence entitled to post-arrest bail under Section 9(c) of the Control of Narcotic Substances Act, 1997?
- Does the prohibitory embargo under Section 51 of the Control of Narcotic Substances Act, 1997 apply to repeat offenders?
- Whether bail should be granted when an accused is involved in multiple cases of identical nature?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 51, Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER The petitioner seeks post-arrest bail in case F.I.R. No. 353 of 2012, dated 24.07.2012, for offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police Station Pirwadhai, Rawalpindi.
2. Precisely, the allegation against the petitioner is that he possessed Charas-garda weighing 1250 grains when apprehended by the police on 24.07.2012.
3. Learned counsel for the petitioner submits that the allegation against the petitioner is false and mentioned contraband substance has been planted upon him; the case of the petitioner is on a border line nature, therefore he may be granted the relief prayed for.
4. On the other hand, learned D.P.G, opposed the grant of bail b contending that the petitioner is a previous convict and for an identical charg besides, being involved in five other cases of identical nature.
5. After hearing the learned counsel for the parties and perusin the record it is observed that the petitioner is a previous convict in case F.I. No. 16/2007, dated 20.08.2007, under Section 9(c) of the Control of Narcoti Substances Act, 1997, registered at Police Station R.D. A.N.F., Rawalpindi. H was handed down a sentence of 4 years' R.I. And fine of Judge ANF, Rawalpindi vide judgment dated 12.08.2009. The offence, the petitioner is confronted wi is hit by an embargo of Section 51 of the Control of Narcotic Substances Ac 1997 as well as by Section 497, Cr.P.C. It is not a fit case for grant of bai which stands dismissed.