KHAN WAZIR vs THE STATE
The petitioner, Khan Wazir, sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 3.6 kilograms of charas pukhta from a vehicle driven by him. The core legal question was whether the petitioner was entitled to the concession of bail given the circumstances of the recovery and the delay in sending samples to the Forensic Science Laboratory (FSL). The Peshawar High Court held that the fourteen-day delay in transmitting the samples to the FSL raised a question to be determined at trial after recording evidence, and noted that the petitioner was not a previous convict or a hardened criminal. Consequently, the court allowed the bail petition, admitting the petitioner to post-arrest bail subject to furnishing reliable sureties. The key principle laid down is that unexplained or notable delays in sending narcotics samples to the FSL, coupled with the absence of previous convictions, can constitute sufficient grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure, making the accused eligible for bail.
- Does a delay in sending recovered narcotics samples to the Forensic Science Laboratory provide sufficient grounds for grant of post-arrest bail?
- Whether an accused found in possession of contraband can be admitted to bail when he has no previous criminal record?
- Can further inquiry into the circumstances of sample transmission bring a case within the scope of prohibitory clause of bail?
- Section 9(c), Control of Narcotic Substances Act 1997
1. ' Petitioner, Khan Wazir son of Majeed Khan, seeks bail in case FIR No, 520 dated 27.7.2016 under Section 9(c) Control of Narcotic Substances Act, 1997 registered at Police Station Risalpur, Nowshera Shah Qabool, Peshawar. He has been refused bail by the learned Sessions Judge/Judge Special Court, Nowshera vide order dated 15.8.2016, hence, the instant petition for the same purpose.
2. 2.As per contents of FIR, on 27.7.2016, the local police of PS Risalpur, District Nowshera, on tip off information, made nakabandi at Double Phatak Risalpur, in the meanwhile, motorcar Bearing No, 0570/AB coming from Nowshera side was stopped. The driver disclosed his name as Khan Wazir son of Majeed Khan. On search of vehicle, three packets charas pukhta each packet 1200 grams total 3.6 Kgs beneath the rear seat were recovered, out of which, 5/5 grams were separated for analysis through FSL while the remaining stuff was separately sealed into parcel. The accused was arrested on the spot and a case under the above section of law was registered against them.
3. 3.Arguments heard and record perused.
4. 4.No doubt, the contraband was recovered from beneath the rear seat of the vehicle, which was driven by the accused-petitioner but vide recovery memo. dated 27.7.2016, the I.O. separated samples for analysis through FSL and the same was received to FSL on 9.8.2016, after fourteen (14) days, thus, this fact would be determined at the trial after recording evidence. Moreover, there is also no evidence on record that the accused-petitioner is a previous convict or involved in such like cases.
5. 5.Therefore, without prejudice to the merits of the case, this bail application is allowed and the accused-petitioner is admitted to bail provided he furnishes bail bond in the sum of Rs, 300,000/- (Rs, Three lac) with two sureties each in the like amount to the satisfaction of learned trial Court, who shall ensure that the sureties are local, reliable and men of means.
6. 6.Above are the reasons of my short order announced on 7.10.2016.