Pakistan Case Law
2016 SCMR 1447

DOLAT KHAN vs The STATE and others

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Citation2016 SCMR 1447
CourtSupreme Court of Pakistan
Case No.Criminal Petition No, 453-L of 2016
Date2016-05-25
Judge(s)Gulzar Ahmed and Manzoor Ahmad Malik
Authored byManzoor Ahmad Malik
ResultBail refused
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This matter arises from a petition seeking post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the petitioner was entitled to the concession of post-arrest bail despite being caught at the spot with a substantial quantity of narcotics. The Supreme Court observed that the petitioner was apprehended at the spot by a raiding party while carrying 2,400 grams of Charas and 1,200 grams of Opium, which he personally handed over to the complainant. Furthermore, the petitioner failed to point to any material on record indicating animus or male fides on the part of the complainant or members of the raiding team. The Court held that the alleged offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898. Consequently, given the huge recovery of narcotics and absence of malicious intent, leave to appeal was refused and the bail petition was dismissed.

Questions settled in this judgment
  • Whether an accused apprehended at the spot with a huge quantity of narcotics is entitled to post-arrest bail?
  • Does an offence under Section 9(c) of the Control of Narcotic Substances Act, 1997 fall within the prohibitory clause of Section 497 Cr.P.C.?
  • Can post-arrest bail be granted where no animus or ill-will is shown against the police raiding party?
Laws & provisions referred
  • section 9(c) of the Control of Narcotic Substances Act, 1997
  • section 497 of the Code of Criminal Procedure
post-arrest bailSection 9(c) CNSAprohibitory clauserecovery of narcoticsabsence of animusspot apprehension

ORDER

' MANZOOR AHMAD MALIK, J.---Petitioner seeks bail after arrest in case FIR No, 19 of 2015, dated 31.08.2015, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at P.S. ANF, District Mianwali.

2. After hearing the learned counsel for the petitioner, learned ASC appearing on behalf of the ANF and perusing the available record with their assistance, it has been noted by us that petitioner was apprehended along with his co-accused while carrying 2400 grams of Charas and 1200 grams of opium. The petitioner was apprehended at the spot by the raiding party and as per the FIR he himself handed over two Nos. Packets containing Charas and opium to the complainant (SI).

Learned counsel for the petitioner has not been able to refer to anything from the record which could suggest that the complainant or any other member of the raiding party had any animus against the petitioner. The case of the petitioner falls within the prohibitory clause of section 497 of the Code of Criminal Procedure. In this view of the matter coupled with the fact that huge quantity of narcotics has been recovered from his possession, petitioner is not entitled for the concession of bail.

3. For the foregoing reasons, this petition having no merit is accordingly dismissed and leave to appeal is refused. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.

Cited by 15 cases

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