SAJJAD ALI vs STATE & another
This is a criminal petition filed by Sajjad Ali seeking post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 1015 grams of charas. The core legal question is whether the petitioner is entitled to post-arrest bail given that the recovered quantity marginally exceeds the threshold for a lesser offense and he is a first offender whose investigation is complete. The Lahore High Court held that since the recovered quantity is only slightly above the upper limit of Section 9(b) of the Control of Narcotic Substances Act, 1997, the petitioner is a first offender, and no further investigation is required, the petition should be allowed. The key principle laid down is that where the recovered contraband quantity is marginally above the threshold for a lesser statutory category and the accused is a statutory first offender whose incarceration is no longer necessary for investigation, post-arrest bail may be granted.
- Whether an accused is entitled to post-arrest bail when the recovered quantity of contraband is slightly above the upper limit of a lesser statutory offense?
- Does the status of an accused as a first offender affect the grant of post-arrest bail in narcotics cases?
- Is post-arrest bail maintainable when the investigation is complete and the accused is no longer required by the police?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
By means of instant petition, Sajjad Ali/petitioner has sought for his post arrest bail in case FIR No, 58/2013, dated 09.03.2013, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Rangpura, Sialkot.
2.Prosecution story, in brief, as per contents of the crime report is that on 09.03.2013 the petitioner was apprehended by the police and from his possession 1015 grams contraband charas was recovered.
3. Learned counsel for the petitioner while addressing the Court contends that the petitioner is innocent, who has falsely been involved in this case. Learned counsel next submits that nothing was recovered from the petitioner and the alleged recovery is planted one. Adds that even as per prosecution own version 1015 grams contraband charas was recovered, hence prosecution case against the petitioner is a border line case of Section 9(b) of the Control of Narcotic Substances Act, 1997.
Learned counsel next argues that the petitioner is first offender, who is behind the bars for the last about three months and the investigation being complete, his person is no more required by the police, hence he is entitled to the concession of bail.
4. Contrarily, learned Deputy Prosecutor General forcefully opposes this petition on the ground that huge quantity of contraband charas was recovered from the petitioner at the time of his arrest.
5. We have heard the arguments advanced from both sides and gone through the record available on file.
6. Bare perusal of the record available on file reveals that allegedly at the time of his arrest 1015 grams contraband charas was recovered from the petitioner, however, prima facie the same is slightly on higher side of upper limit of Section 9(b) of the Control of Narcotic Substances Act, 1997.
It was the contention of learned counsel for the A petitioner that the petitioner is first offender and nevertheless the learned Deputy Prosecutor General perused the record, however, could not point out any similar case previously registered against the petitioner. The petitioner is stated to be behind the bars since the date, of his arrest and the investigation being complete, his person is no more required by the police.
7. In such circumstances of the case, we have been persuaded to allow this petition as a consequence whereof, Sajjad Ali/petitioner is admitted to bail after arrest subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned trial Court.