MALANG SHAH vs STATE
The accused-petitioner sought post-arrest bail after being implicated in a case involving the recovery of fifty kilograms of Charas Garda from a vehicle he was driving, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the petitioner was entitled to bail given the huge quantity of narcotics recovered and the statutory prohibitions. The Peshawar High Court held that the petitioner was not entitled to bail, as a huge quantity of contraband was recovered from his direct possession, the prosecution case was supported by police officials without apparent ill will, and a positive FSL report connected him to the offense. The court ruled that the case fell within the restrictive clause of Section 497 of the Code of Criminal Procedure, 1898, as well as the specific embargo contained in Section 51(1) of the Control of Narcotic Substances Act, 1997. Consequently, the bail petition was dismissed.
- Is an accused entitled to post-arrest bail when a huge quantity of contraband is recovered from a vehicle driven by him?
- Does the recovery of fifty kilograms of Charas attract the embargo contained in Section 51(1) of the Control of Narcotic Substances Act, 1997?
- Does a case involving a narcotics offense punishable under Section 9(c) of the Control of Narcotic Substances Act, 1997 fall within the restrictive clause of Section 497 of the Code of Criminal Procedure, 1898?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
- Section 51(1), Control of Narcotic Substances Act 1997
Having been involved in a case registered vide FIR No, 363 dated 12/08/2012 under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station, Tatara Peshawar, the accused- petitioner Malang Shah applied for his release on bail in the Court of the learned Additional Sessions Judge-XIV, Peshawar but his application was rejected vide order dated 12/09/2012. He has now moved this Court for his release on bail.
2. The story of the prosecution is that on 12/08/2012 at 21.30 hours the complainant Akhtar Gul SHO alongwith his police contingents was on routine gasht on Sher Shah Double Road Phase-VI Adda when in the meanwhile a Motor Car Bearing Registration No, 476/KH/ Islamabad came there which was stopped for checking whose driver disclosed his name as Malang Shah. On search of Degi of the said vehicle two sacks each containing 25/25 packets, each packet containing, 1000/ 1000 grams of Charas Garda (total 50 Kgs) was recovered. Out of the total quantity, 5 grams from each packet were separated and sent to FSL for chemical analysis while the remaining Charas was sealed into separate parcels. The accused-petitioner was arrested on the spot and Murasila for registration of a case was sent to Police Station, where the report, as mentioned above, was registered against him under Section 9(c) of the Control of Narcotic Substances Act, 1997.
3. I have heard the learned counsel for the accused-petitioner as well as the learned State counsel and have also gone through the record of the case.
4. Keeping in view the recovery of huge quantity of contraband Charas weighing fifty(50) Kgs from the vehicle particularly when the accused-petitioner was driving the said vehicle at the relevant time and the fact that the case of the prosecution is duly supported by the police officials having no ill will or grudge at the moment with accused- petitioner coupled with positive report of FSL available on file, there appears reasonable grounds for believing that he is connected with the offence charged with, therefore, the case of the accused-petitioner not only falls within the restrictive clause of Section 497, Cr.P.C. but it also attracts the embargo contained in sub-section
(1) of Section 51 of the Control of Narcotic Substances Act, 1997. Hence I do not feel inclined to release the accused-petitioner on bail.
5. Resultantly application in hand being devoid of force stands dismissed.