MUHAMMAD IQBAL vs STATE, etc.
This petition was filed under Section 497, Code of Criminal Procedure 1898, seeking post-arrest bail for the petitioner, Muhammad Iqbal, who was charged under Section 9(c) of The Control of Narcotic Substances Act, 1997, for the alleged possession of 1250 grams of charas. The core legal question was whether the petitioner was entitled to bail given the uncertainty regarding the net weight of the recovered substance and whether the offense fell under Section 9(b) or 9(c) of the Act. The Court held that because the net weight of the recovered charas, excluding the packaging, remained a matter for trial, the case required further inquiry. Furthermore, the Court emphasized that mere allegations of a heinous offense do not justify continued incarceration when the accused is a first offender, the investigation is complete, and the trial is not imminent. Consequently, the Court admitted the petitioner to post-arrest bail, ruling that the rigors of Section 51 of The Control of Narcotic Substances Act, 1997, were not attracted in this instance.
- Does the uncertainty regarding the net weight of a recovered narcotic substance constitute grounds for further inquiry in a bail application?
- Are the rigors of Section 51 of The Control of Narcotic Substances Act, 1997, attracted when an accused establishes a case for further inquiry?
- Is the mere allegation of a heinous offense sufficient to deny bail to a first-time offender whose investigation is complete?
- Section 497, Code of Criminal Procedure 1898
- Section 9(c), The Control of Narcotic Substances Act, 1997
- Section 9(b), The Control of Narcotic Substances Act, 1997
- Section 51, The Control of Narcotic Substances Act, 1997
ORDER
Through the instant petition under Section 497, Cr.P.C., Muhammad Iqbal, the petitioner seeks his release on post-arrest bail in case FIR No, 33302017 dated 9.9.2017 offence under Section 9(c) of The Control of Narcotic Substances Act, 1997 ("CNSA, 1997") registered at Police Station Sanawan, District Muzaffargarh.
2. Precisely, the allegations against the petitioner are that on 9.9.2017, a raid was conducted at the informed place, where on seeing the police party, when he tired to escape, he was apprehend and on his personal search, charas weighing 1250-grams wrapped in a polythene bag was recovered from his possession.
3. Heard. Record perused.
4. According to the contents of the FIR, the petitioner was apprehended by the police on the basis of spy information and 1250 grams charas was allegedly recovered from his possession from a shopper in his hand. Though the alleged recovery apparently falls under Section 9(e) of. The CNSA, 1997 but only 250 grams exceeds the maximum limit as prescribed under. Section 9(b) of The CNSA, 1997 to bring the case of the petitioner within the mischief of Section 9(c) of the CNSA, 1997.
The recovered charas was kept in a shopper and at present, it is not clear as to whether the weight of the recovered substance was conducted with or without the same. This fact would be determined after recording of prosecution evidence that what was the net weight of alleged recovered charas and as to whether the case of the petitioner falls under Section 9(b) or it comes under the ambit of Section 9(c) of The CNSA, 1997.
5. Mere leveling of allegations of heinous offence is not sufficient to keep the accused behind the bars. When once accused succeeds to establish that his case calls for further inquiry and probe, then rigours contained in Section 51 of The CNSA, 1997 would not be attracted.
6. The petitioner is first offender having no criminal antecedents. He is behind the bars for the last about three month: and investigation of the case is completed and person of the petitioner s no more required by the police for the purpose of further investigation. The petitioner is still awaiting his trial, the conclusion of which is not in sight in near future, therefore, his further detention in jail would serve no useful purpose for the prosecution. Accordingly, this petition is allowed and petitioner namely Muhammad Iqbal is admitted to post arrest bail on farnishing bail bond in the sum of Rs, 1,00,000/- with one surety in the like amount to the satisfaction of the learned Hal Court.
7. Needless to observe that the observations made hereinabove are only tentative in their nature and are strictly confined to he extent of grant of instant bail.