Pakistan Case Law
PLJ 2020 SC (Cr.C.) 200, 2020 PSC (Crl.) 496, 2020 SCMR 350

AYA KHAN and another vs The STATE

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CitationPLJ 2020 SC (Cr.C.) 200, 2020 PSC (Crl.) 496, 2020 SCMR 350
CourtSupreme Court of Pakistan
Case No.Criminal Petition No. 926 of 2015
Date2016-01-26
Judge(s)Manzoor Ahmad Malik, Dost Muhammad Khan
ResultBail granted
AI Summary — generated from this judgment; read the full text below and verify before relying on it.

This criminal petition for leave to appeal was filed against the Peshawar High Court's order refusing bail to the petitioners. The case originated from an FIR registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the recovery of 1100 grams of Heroin powder from a vehicle occupied by the petitioners. The primary legal question was whether the petitioners were entitled to bail based on the ambiguity regarding the weight of the recovered narcotics. The Supreme Court observed that neither the FIR nor the recovery memo specified whether the 1100 grams constituted the net or gross weight of the substance. This omission rendered the matter a borderline case between subsections (b) and (c) of Section 9 of the CNSA. Applying the principle that the benefit of doubt regarding the classification of the offense should favor the accused at the bail stage, the Court converted the petition into an appeal and granted bail. The ruling reinforces that technical ambiguities in the quantification of narcotics can justify the grant of bail.

Laws & provisions referred
  • Section 9(c) of the Control of Narcotic Substances Act, 1997
  • Section 9(b) C.N.S.A., 1997
post-arrest bailnarcoticsheroinbenefit of doubtnet weightgross weightborderline case

ORDER

DOST MUHAMMAD KHAN, J. Petitioner is seeking leave to appeal against the judgment/order of the Peshawar High Court dated 28.11.2015, where they were refused bail in case FIR No.878 dated 11.10.2015, registered by Police Station Gulbahar , Peshawar for crime under section 9(c) of the Control of Narcotic Substances Act, 1997 because the car in which the petitioners were travelling were intercepted at G.T. Road, Peshawar and on checking 1100 grams of Heroin powder contained in plastic shopper bag was recovered from the front switchboard of the vehicle thus, they were arrested.

2. We have heard learned ASC for the petitioners and perused the record.

3. Without discussing the merits of the case lest it prejudice the case of one or the other side, suffice it to say that in the FIR or in the recovery memo, no where it is stated that whether it was net or gross weight of the narcotics and in this eventuality it becomes a borde r line case between subsections (b) and (c) of section 9, C.N.S.A., 1997.

Thus the benefit of doubt in this aspect shall go to the accused. In view of the principle of law laid down in the case of Manzoor and 4 others v . The State (PLD 1972 SC 81 ).

4. Accordingly this Petition is converted into appeal and same is allowed and the petitioners are granted bail in Sum of Rs.1 lac and two reliable sureties each with PR bound in the same amount to the satisfaction of the trial Court/Ilaqa Magistrate. 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.

Cited by 24 cases

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