JEHAN SHARIF vs The STATE
This bail petition arises from a criminal case where the petitioner, Jehan Sharif, sought post-arrest bail following his apprehension for allegedly trafficking 930 grams of heroin concealed within his stomach. The petitioner was intercepted based on intelligence reports while attempting to board a flight to Sharjah. The core legal question was whether the petitioner was entitled to the concession of bail given the nature of the offence and the evidence presented, specifically the recovery of narcotics and an affirmative Forensic Science Laboratory report. The Peshawar High Court dismissed the bail petition, holding that the petitioner was prima facie connected to the commission of the offence. The Court emphasized that trafficking narcotics, particularly when involving international travel and the potential for severe consequences abroad, constitutes a serious offence. The key principle laid down is that even if an offence does not fall within the prohibitory clause of the Code of Criminal Procedure 1898, bail may still be refused if the accused is prima facie connected to a serious offence involving the trafficking of contraband narcotics.
- Can bail be refused in a narcotics case even if the offence does not fall within the prohibitory clause of the Code of Criminal Procedure 1898?
- Does the recovery of narcotics from the body of an accused, supported by a positive Forensic Science Laboratory report, establish a prima facie case for the denial of bail?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
QAISER RASHID KHAN, J.---Accused/petitioner Jehan Sharif seeks his release on bail in case FIR No,60, dated 2.8.2017, under section 9(b) Control of Narcotic Substances Act, 1997 of Police Station RD ANF, Peshawar, with the allegations that 930 grams of heroin were recovered from his belly.
2. Arguments heard and the available record perused.
3. As per the FIR, it was on account of a spy information that a person by the name of accused/petitioner would be trafficking heroin in his belly to Sharjah through Shaheen Airlines, when a surveillance was conducted and on arrival of the accused/petitioner, he was stopped and on summary interrogation, he disclosed about the presence of narcotics in his belly whereafter he was taken to the Hayat Abad Medical Complex, Peshawar and from his stomach, 930 grams heroin concealed in 137 capsules were recovered.
4. In a situation where he was found carrying contraband heroin in his stomach and that too, to an Arab country which provides for the most stringent punishment to the offenders in such like cases and also carrying a Green Passport thereby bringing a bad name for his country and when the FSL report in respect of the narcotics is in the affirmative, then the accused-petitioner is prima facie connected with the commission of offence and hence not held entitled to the concession of bail even if the offence does not attract the prohibitory clause of section 497, Cr.P.C. Accordingly, this bail petition stands dismissed.
5. However, keeping in view the request of the learned counsel for the petitioner, challan in the case be put in court within a fortnight and thereafter the learned trial court shall conclude the trial expeditiously. The record be sent forthwith.
6. Needless to mention that the observations recorded in this order are tentative in nature and shall not prejudice the proceedings before the learned trial court where the case be decided on its own merits after recording evidence.