GHULAM QASIM vs STATE and another
The petitioner, Ghulam Qasim, sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, concerning the alleged recovery of 10 kilograms of bhang. The core legal question was whether the petitioner was entitled to post-arrest bail pending trial given the circumstances of the recovery and the absence of a chemical examiner report. The Lahore High Court held that the petition should be allowed, noting that no particular part of the recovered substance was specified in the FIR to conclusively determine applicability, the Chemical Examiner's report was still awaited, the petitioner had been incarcerated for seven months, was no longer required for investigation, and had no previous criminal history. The court established that where the exact nature and categorization of the recovered substance remain unconfirmed and pending chemical analysis alongside statutory delay, a case is made out for the grant of post-arrest bail.
- Whether post-arrest bail can be granted when the Chemical Examiner's report regarding the recovered substance is awaited?
- Does the absence of a previous criminal history and prolonged incarceration justify the grant of bail in narcotics cases?
- Whether uncertainty regarding the exact nature of the recovered substance constitutes a ground for further inquiry under the Control of Narcotic Substances Act, 1997?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
The petitioner namely Ghulam Qasim seeks post arrest bail in case FIR No. 668, dated 20.12.2014, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station Jatoi, District Muzaffargarh.
2. The precise facts, as per FIR, are that when the Police party headed by Muhammad Siddique ASI was on patrolling and available in the area of Jalo Sahu Chaki, Police Station Jatoi, District Muzaffargarh, on the basis of spy information, the petitioner was overpowered and from a bundle (Gattu) which was with him, bhang weighing 10 kilogram was recovered.
3. Arguments heard and record perused.
4.. In the FIR, no particular part of the alleged recovered bhang has been mentioned. In this way, in the light of the law laid down in cases "Ghulam Hussain versus State & another" (PL 2015 Cr.C.
(Lahore) 167 (DB) and "A.I Asghar versus The State etc." (2015 P.Cr.R. 30), it would be seen during the trial, whether the matter would fall under the Act ibid or Prohibition (Enforcement of Hadd) Order, 1979. The report of Chemical Examiner is also still awaited, meaning thereby that till now, nature of the alleged recovered substance could not be confirmed to be the bhang. The petitioner is behind the bars for the last seven months and as such no more required for any further investigation in this case. As per record maintained by the Police, he does not have any previous criminal history.
All the above mentioned facts & circumstances, in our view, have made the case to be fit enough for grant of bail, within the meaning of Section 51 of Section 9(c) of the Control of Narcotic Substances Act, 1997.
5. Resultantly, this petition is allowed, and the petitioner is admitted to bail, subject to furnishing bail bonds in the sum of Rs.2,00,000/- (Rupees two lac only) with one surety, in the like amount to