IMTIAZ HUSSAIN vs STATE and another
The petitioner Imtiaz Hussain sought post-arrest bail in a criminal case registered under Section 9-C of the Control of Narcotic Substances Act, 1997, concerning the alleged recovery of 1150 grams of charas. The core legal question was whether the petitioner was entitled to post-arrest bail given the circumstances of the recovery and the chemical analysis report. The Lahore High Court accepted the bail petition, holding that only 10 grams of the narcotic substance was sent for chemical analysis, the possibility of weighing the packing material along with the narcotic could not be ruled out, the petitioner had no previous criminal record, and he had been incarcerated since the date of arrest without any advancement to the prosecution's case by further detention. The court laid down the principle that discrepancies in the analyzed sample quantity and the inclusion of packing weight in major narcotic classifications can form valid grounds for granting post-arrest bail.
- Whether post-arrest bail can be granted when only a meager quantity of the alleged narcotic substance is sent for chemical analysis?
- Does the possibility of weighing packing material along with narcotics constitute a ground for further inquiry under bail adjudication?
- Is a petitioner entitled to bail when not previously involved in similar criminal cases and detained for a considerable period?
- Section 9-C, Control of Narcotic Substances Act 1997
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
' Petitioner Imtiaz Hussain seeks his post-arrest bail in a case bearing F.I.R. No, 62, dated 29.01.2016, offence under Section 9-C of the Control of Narcotic Substances Act, 1997 registered with Police Station Luddan, District Vehari.
2.. Precisely, the prosecution story as narrated in the FIR is that charas weighing 1150 grams along with sale amount of Rs, 480/-was recovered from the possession of the petitioner at the time of raid.
3. Learned counsel for the petitioner argued that the petitioner is innocent and has been involved in this case falsely by the police. Further argued that nothing was recovered from the petitioner and the alleged charas has been foisted upon him by the police; that only 10 gram charas was sent for chemical analysis.
4. On the other hand learned Deputy Prosecutor General opposed this petition with vehemence.
5. After hearing the arguments of learned counsel for the parties and perusing the record, we find that charas weighing 1150 grams allegedly was recovered from the possession of the petitioner.
Only a meager quantity of narcotic substance i.e, 10 grams has brought the case of the present petitioner within the mischief of Section 9(c) of Control of Narcotic Substances Act, 1997. Possibility of weighing the packing material along with the narcotic cannot be ruled out. Furthermore, the petitioner is not previously involved in such like cases. He is behind the bars since 29.01.2016 and his further detention in jail would not advance the case of the prosecution. Therefore, we consider it a fit case for grant of bail.
6. In view of above, the instant post arrest bail petition, filed on behalf of Imtiaz Hussain is accepted and he is admitted to bail subject to furnishing of his bail bonds in the sum of Rs, 2,00,000/- with