MUHAMMAD WASEEM vs STATE & another
The petitioner, Muhammad Waseem, sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the recovery of 1100 grams of alleged Charas. The core legal question was whether the petitioner was entitled to bail given the uncertainty regarding the actual weight of the contraband and the classification of the offense. The Court observed that it was unclear whether the contraband was weighed including the bag, creating ambiguity as to whether the offense fell under Section 9(b) or Section 9(c) of the Control of Narcotic Substances Act, 1997. Furthermore, the Chemical Examiner's report was awaited, and the petitioner had no prior criminal record. Holding that the applicability of the more severe Section 9(c) was a matter for trial determination, the Court granted bail. The key principle laid down is that where the weight of the recovered contraband is ambiguous and the Chemical Examiner's report is pending, the benefit of doubt regarding the classification of the offense should be extended to the accused at the bail stage.
- Does the ambiguity regarding whether contraband was weighed with its container entitle an accused to bail?
- Is the absence of a Chemical Examiner's report a valid ground for granting post-arrest bail in narcotics cases?
- Can bail be granted when the classification of the offense between Section 9(b) and 9(c) of the Control of Narcotic Substances Act 1997 remains to be determined at trial?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
Petitioner Muhammad Waseem seeks post arrest bail in case FIR No, 40 dated 4.2.2015 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Haveli Koranga, District Khanewal.
2. Petitioner was apprehended on spy information who on personal search got recovered 1100 grams Charas out of which 10 gram was separated, sealed and sent for analysis.
3. We have heard the learned counsel for the parties and perused the record. Petitioner is behind the bars for more than two months. It is not clear whether the stuff recovered was weighed alongwith bag in which contraband narcotics was lying. Being it a case in between Sections 9(b) and 9(c) of the CNSA, 1997 it is yet to be determined at the trial as to whether provisions of Section 9(c) of CNSA, 1997 were attracted in the case. The prosecution has not shown any previous criminal history of the petitioner being involved in such like cases. The report of the Chemical Examiner is still awaited. So, it cannot be presumed that the recovered substance was Charas or not.
Accordingly, this petition is accepted and the petitioner is directed to be released on bail subject to his furnishing bail bonds in the sum of Rs, 1,00,000/- with one surely in the like amount to the satisfaction of the trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.