LAL MUHAMMAD vs STATE, etc.
This petition for post-arrest bail arises from F.I.R. No. 202/2015, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, at Police Station Noor Shah, District Sahiwal. The petitioner was arrested for the alleged possession of 1050 grams of charas. The core legal question was whether the petitioner was entitled to bail given the quantity of the recovered narcotic substance. The Court observed that the recovered weight was only marginally above the threshold specified in Section 9(b) of the Control of Narcotic Substances Act, 1997, and noted that the weight likely included the packaging material, as there was no evidence to the contrary. Furthermore, the Court considered that the petitioner had been incarcerated since April 2015, was no longer required for investigation, and had no prior criminal record. Consequently, the Court granted the bail petition. The key principle established is that when the recovered weight of a narcotic substance is only marginally above a statutory threshold, the possibility that the weight includes packaging material is a relevant factor in favor of granting bail, particularly when the accused has no prior criminal history.
- Does the inclusion of packaging material in the weight of a recovered narcotic substance justify the grant of bail when the total weight is marginally above a statutory threshold?
- Is the absence of a prior criminal record a relevant consideration for the grant of post-arrest bail in narcotic cases?
- Section 9(c), Control of Narcotic Substances Act, 1997
- Section 9(b), Control of Narcotic Substances Act, 1997
ORDER
' Through this petition, petitioner Lal Muhammad seeks post-arrest bail in case F.I.R. No. 202/2015, dated 21.04.2015, for offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station Noor Shah, District Sahiwal.
2. Allegation against the petitioner is that he was found in possession of charas weighing 1050 grams along with sale amount of Rs. 300/- at the time of his arrest by the police party.
3. Heard. Record perused.
4. The charas allegedly recovered from the petitioner is 1050 grams that is slightly higher in weight mentioned under clause (b) of Section 9 of the Control of Narcotic Substances Act, 1997. The said weight might have occurred due to weighing of the substance along with the shopping bag/ casing, wherein it was wrapped and kept, as nothing is available on the record to suggest that weighing was made without the above-mentioned packing material. Petitioner is behind the bars since 21.04.2015 and he is no more required for the purpose of investigation. Further incarceration of the petitioner is of no consequence to that prosecution case. Investigating Officer, present before the Court, confirms that the petitioner has no previous criminal record of such like cases. Therefore, we allow this petition and admit the petitioner to bail subject to his furnishing bail bond in the sum of Rs. 100,000/- (Rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.
4. It is, however, clarified that the observations made hereinabove are just tentative in nature and strictly confined to the disposal of this bail petition.