JAVED vs STATE
The accused-petitioner, Javed, sought post-arrest bail after being refused by the Additional Sessions Judge in a case involving the recovery of 2000 grams of charas, registered under Section 9(C) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the accused was entitled to bail given that the Forensic Science Laboratory (FSL) report regarding the nature of the recovered substance was still awaited at the time of the bail application. The Peshawar High Court held that the absence of the FSL report created a reasonable doubt as to whether the recovered contraband was indeed charas, thereby rendering the prosecution's case a matter of further inquiry. Consequently, the Court determined that the case fell within the ambit of Section 497(2) of the Code of Criminal Procedure, 1898, which entitles an accused to the concession of bail when there are no reasonable grounds to believe they committed a non-bailable offence. The bail application was accepted, and the petitioner was admitted to bail subject to furnishing bail bonds.
- Does the absence of an FSL report regarding the nature of recovered contraband entitle an accused to the concession of bail?
- Does a case involving the recovery of narcotics fall within the scope of further inquiry under Section 497(2) of the Code of Criminal Procedure 1898 if the chemical analysis report is awaited?
- Section 9(C), Control of Narcotic Substances Act 1997
- Section 497(2), Code of Criminal Procedure 1898
Accused-petitioner, Javed facing prosecution in case F.I.R. No, 306 dated 15.4.2013 under Section 9(C), CNSA registered at Police Station, Nowshera Kalan District, Nowshera was refused bail by the learned Addl. Sessions Judge-I, Nowshera vide order dated 20.4.2013. Now, he has approached to this Court for his release on bail.
2. The allegations against the accused-petitioner are that on 15.4.2013 at 1700 hours he was apprehended by Bahadur Sher ASI and on conducting his personal search he recovered contraband charas weighing 2000 grams from a black shopping bag in his hand. Out of which 3/3 grams were separated for analysis through FSL and the remaining was sealed into separate parcel.
The person so apprehended disclosed his name as Javed son of Wahadat, who was arrested on the spot and a case under the above section of law, was registered against him.
3. I have heard the learned counsel for the accused-petitioner as well as counsel for the State.
4. Perusal of the record would show that the alleged contraband charas weighing 2000 grams has been recovered from the possession of the accused-petitioner on 15.4.2013 and the samples separated from it for analysis were sent to FSL on the same day but according to the prosecution the FSL report is still awaited. Non-availability of FSL report in respect of the contraband allegedly recovered makes the case of the accused-petitioner arguable for the purpose of bail on this score alone, because there is no proof whether the contraband is charas or otherwise. Hence the case of the accused-petitioner requires further probe and falls within the ambit of sub-section (2) of Section 497, Cr.P.C. which entitles him to the concession of bail.
5. In view of the above, this bail application is accepted and the accused-petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs,100,000/- (rupees one lac) with two sureties each in the like amount to the satisfaction of learned Court of competent jurisdiction/trial Court.
The sureties must be local, reliable and men of means.
6. Above are the reasons of my short order announced on 7.5.2013.