DILNAWAZ @ JAVED 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, relating to the alleged recovery of charas. The core legal question revolved around whether significant contradictions in the weight of the recovered narcotic substance across the FIR, remand application, and rough site-plan warranted the grant of bail. The Lahore High Court held that the unexplained alarming contradictions regarding the weight of the substance made the case a fit one for the grant of bail under Section 51 of the Control of Narcotic Substances Act, 1997, particularly noting that the petitioner had no previous criminal antecedents and was no longer required for investigation. The court accepted the petition and admitted the petitioner to post-arrest bail, while also directing an inquiry into the discrepancies.
- Whether unexplained contradictions in the weight of a recovered narcotic substance across police documents entitle an accused to post-arrest bail?
- Does the absence of previous criminal antecedents support the grant of bail in narcotic cases?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 51, Control of Narcotic Substances Act 1997
ORDER
The petitioner, namely, Dilnawaz alias Javed, seeks post arrest bail in case F.I.R. No, 575, dated 12.08.2014, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Farid Town, District Sahiwal.
2. The precise facts, as per FIR, are that when upon a spy information, the petitioner was over powered and searched by the police party, from a shopping bag which was with him, charas was recovered, which on weighing became 01-KG and 500-grams.
3. Arguments heard. Record perused.
4. In the FIR, recovery of charas weighing 01-KG and 500-grams has been alleged but in the application moved by the police before the learned Area Magistrate for judicial remand of the petitioner, the recovered substance has been described to be 01-KG and 05-grams. In the rough site-plan prepared on the day of occurrence, the quantity of the alleged recovered substance his been written as 01-KG and 10-grams. The learned Deputy Prosecutor General has failed to justify the above mentioned alarming contradictions regarding weight of the alleged narcotic substance.
He has frankly stated that till now the above mentioned contradictions have not been cured and as such are available on the record.
5. The above mentioned facts and circumstances, in our view, have made the case to be a fit one for grant of bail within the meaning of Section 51 of the Act ibid. The petitioner is behind the bars, hence no more required for any further investigation in this case. As per the record maintained by the police, he does not have any previous criminal 'antecedent.
6. Resultantly, the petition in hand is accepted and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,2,00,000/- (rupees two lac only) with one surety in the like amount to the satisfaction of learned trial Court.
7. A copy of this order be sent to the District Police Officer, Sahiwal, who shall note the above mentioned difference, in the weight of the alleged recovered narcotic substance, in the above mentioned documents. He shall probe if above mentioned has been made deliberately to give undue concession to the accused and shall not spare any one, who is found at-fault.