MUHAMMAD ASIF vs STATE and another
The petitioner sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, involving the alleged recovery of 1360 grams of Charas. The core legal question was whether the petitioner was entitled to post-arrest bail considering the circumstances of the case, including the delayed chemical analysis of the recovered substance and his status as a previous non-convict. The Lahore High Court accepted the bail application, holding that the unexplained delay of 26 days in sending the parcel for chemical analysis, coupled with the fact that the accused was a previous non-convict and had been behind bars since his arrest without being required for further investigation, justified granting bail. The key principle laid down is that unexplained delay in sending narcotics samples for chemical analysis, along with statutory and circumstantial factors favoring liberty, constitutes a valid ground for granting post-arrest bail.
- Whether unexplained delay in sending a narcotic parcel for chemical analysis constitutes a ground for post-arrest bail?
- Is an accused with no previous convictions entitled to bail when further investigation is not required?
- Whether recovery of 1360 grams of Charas warrants the withholding of post-arrest bail under the Control of Narcotic Substances Act?
- Section 9(c), Control of Narcotic Substances Act, 1997
ORDER
Muhammad Asif petitioner seeks post arrest bail in case F.I.R No, 490/2016 dated 4.8.2016, registered under Section 9(c) of the Control of Narcotic Substances Act, 1998 at Police Station Batapur, District Lahore.
2. Heard. Record perused.
3. On spy information, the raid was conducted by the Police 1 and FIR was registered an the statement of one Muhammad Naeem an Shahzad, ASI and Charas weighing 1360-gram was recovered from the possession of the petitioner. It is particularly noted that the parcel was sent for chemical analysis after 26-days and no sufficient reason has been explained by the prosecution.
The petitioner is a previous non-convict. He is behind the bars since 04.08.2016 and no more required for further investigation. Keeping in view the facts and circumstances of the case, instant application is accepted and the petitioner is admitted to bail provided his submission of bail bonds in the sum of Rs, 2,00,000/- (rupees two Lacs only) with one surety in the like amount to the satisfaction of the learned trial Court.