GHULAM ABBAS vs STATE and another
This matter concerns a petition for post-arrest bail filed by the petitioner, Ghulam Abbas, who was charged under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 1300 grams of Charas. The core legal question was whether the petitioner was entitled to bail given the quantity of the narcotic recovered and the circumstances of his detention. The Lahore High Court held that the petitioner should be admitted to bail. The court reasoned that the recovered quantity of 1300 grams only marginally exceeded the 1-kilogram threshold, casting doubt on whether the maximum sentence prescribed by the statute would be applicable. Furthermore, the court noted the petitioner was a first-time offender, had been incarcerated since January 2018, and was no longer required for investigation purposes. Relying on the principle established by the Supreme Court of Pakistan in similar circumstances, the court held that where the recovered substance marginally exceeds the statutory threshold and the trial is not likely to conclude soon, the balance tilts in favor of granting bail.
- Does the recovery of a narcotic substance marginally exceeding the one-kilogram threshold under the Control of Narcotic Substances Act 1997 justify the grant of post-arrest bail?
- Is the fact that an accused is a previous non-convict and no longer required for investigation a valid ground for granting post-arrest bail in narcotics cases?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
The petitioner Ghulam Abbas seeks post-arrest bail in case/FIR No, 46/2018, dated 26.1.2018, registered under Section 9(c) of The Control of Narcotic Substances Act, 1997 at Police Station City Ahmadpur East, District Bahawalpur.
2. Arguments heard and record perused.
3. According to the contents or the F.I.R, in consequence of raid on spy information, petitioner was apprehended and "Charas" weighing 1300 grams was allegedly recovered from his possession.
Obviously, only a meager quantity of narcotic substance i,e, 300 grams has brought the case of the petitioner within the mischief of Section 9(c) of The Control of Narcotic Substances 'Act, 1997. No evidence regarding the sale of the alleged "Charas" by the petitioner is available on the file. The petitioner is previous non-convict, behind the bars since his arrest i,e, 26.01.2018 and is no more required for the purpose of investigation. Learned counsel for the petitioner has produced copy of unreported order dated 1.3.2017, delivered in Criminal Petition No, 1344 of 2016 titled "Saeed Ahmad vs. The State thr. P.G. Punjab and another" by the Hon'hle Supreme Court of Pakistan whereby their Lordships have pleased to observe as under: "The record reveals that the petitioner has been found in possession of 1350 grams of charas. Since the substance recovered marginally exceeds 1 k.g. we doubt petitioner could be awarded maximum sentence provided by the statute. The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also tilt in favour of grant of bail rather than refusal."
Hence, in view of above-said un-reported order, this bail petition is accepted and the petitioner is admitted to post arrest bail, subject to his furnishing bail bonds in the sum of Rs, 2,00,000/- (rupees two hundred thousand only) with one surety in the like amount to the satisfaction of the learned trial Court.