GHULAM NABI vs The STATE
This matter comes before the Peshawar High Court through a bail petition filed by Ghulam Nabi seeking post-arrest bail in case FIR No. 561 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question revolves around whether the alleged recovery of 1100 grams of heroin, when considering potential discrepancies regarding weighing with or without the plastic bag and the unusual manner of concealment, constitutes a case of further inquiry under criminal procedure. The Court held that doubts surrounding the actual weight of the narcotic substance and the feasibility of carrying the contraband as alleged bring the case within the scope of further inquiry. Consequently, the petition was allowed, granting the petitioner post-arrest bail subject to surety bonds. The key principle laid down is that material ambiguities regarding the weight of recovered narcotics and improbable recovery circumstances create sufficient doubt to warrant bail under Section 497(2) of the Code of Criminal Procedure.
- Does ambiguity regarding whether recovered narcotics were weighed with or without their container constitute a case for further inquiry?
- Whether the recovery of a large quantity of narcotics in an improbable manner creates sufficient doubt to justify granting bail?
- Can a petitioner be admitted to bail under Section 497(2) of the Code of Criminal Procedure when the exact weight of the contraband falls into a grey area between statutory penal clauses?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 497(2), Code of Criminal Procedure 1898
ABDUL SHAKOOR, J.---Ghulam Nabi, petitioner, seeks his release on bail in case FIR No.561 dated 31.05.2017 registered under section 9(c), C.N.S.A., Police Station Faqir Abad, Peshawar.
2. Precise allegation against the petitioner, as contained in the FIR, is that on 31.05.2017 at 1930 hours complainant Asad Khan SI along with other police officials during the gusht were present at Bashir Abad, on spy information petitioner was apprehended, on his personal search one plastic bag of heroin was recovered from the fold of his shalwar; that on weighing the heroin, it was found 1100 grams one gram from the recovered heroin was separated for chemical analysis and sealed into parcel No.1, while the remaining heroin 1099 grams was sealed into parcel No.2 and affixed 3/3 monogram of S.K, hence the aforesaid FIR was registered against the petitioner.
3. After hearing of the learned counsel for the petitioner, learned Assistant Advocate General for the State and perusing the material available on record, this Court has noticed that when petitioner was apprehended, 1100 grams heroin allegedly recovered from the plastic bag which was having in the fold of his shalwar. On the Court query the learned Assistant AG after going through the recovery memo available on the file of police record, could not show that the recovered heroin was weighed along with the plastic bag or otherwise. If the recovered heroin was weighed along with the plastic bag, prima facie the weight of the heroin without plastic bag, if weighed might have come to 1000 grams or less then that and in that eventuality, the case of the present petitioner would have fallen within the ambit of section 9(b) of C.N.S.A., 1997. Even otherwise it creates serious doubts in the mind of prudent person that how one can carry a plastic bag of more then one KG in the fold of his shalwar. In this background, the case of petitioner becomes one of further inquiry falling within the purview of section 497(2) of the Code of Criminal Procedure.
4. In view of the above discussions, this petition is allowed and the petitioner is admitted to bail subject to furnishing bail bonds in the sum of Rs.200000/- with two sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate. The sureties must be reliable and men of means.