Murad Khan vs The State
This matter concerns a petition for post-arrest bail filed by the petitioner, Murad Khan, who was charged under Section 9(b) of the Control of Narcotic Substances Act, 1997, following the recovery of 600 grams of heroin from a vehicle he was driving. The core legal question was whether the petitioner was entitled to bail given the circumstances of the recovery and the duration of his incarceration. The Supreme Court observed that while heroin was recovered, the report from the Forensic Science Laboratory regarding the chemical analysis remained awaited. Furthermore, the Court noted that the offense fell under Section 9(b) of the Control of Narcotic Substances Act, 1997, which carries a maximum punishment of seven years. Considering the petitioner had been incarcerated since November 2015, the Court held that keeping him in custody for an indefinite period served no useful purpose. Consequently, the Court converted the petition into an appeal, allowed the appeal, and granted post-arrest bail to the petitioner subject to the furnishing of bail bonds.
- Is an accused entitled to post-arrest bail when the chemical examination report from the Forensic Science Laboratory is still awaited?
- Does the maximum punishment prescribed for an offense under the Control of Narcotic Substances Act 1997 influence the grant of bail for an accused who has been incarcerated for a significant period?
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
MANZOOR AHMAD MALIK, J.---The petitioner seeks post arrest bail in case FIR No. 1692 dated 26.11.2015, offence under sections 9(b) of the Control of Narcotic Substances Act,. 1997, registered at Police Station Hayatabad, Peshawar .
2. After hearing the learned counsel for the petitioner , learned counsel appearing on behalf of the State and after perusing the available record with their assistance, it has been observed that petitioner was driving a motorcar when he was stopped at a picket and on his pointation, one packet of 600 grams heroin was recovered from the secret cavity of the car, out of which one gram heroin was separated and was sent to the Forensic Science Laboratory for chemical examination. But the report of the Forensic Science Labo ratory is still awaited. Moreover , the case of the petitioner falls within the purview of section 9(b) of the CNSA, wherein maximum punishment is provided as seven years and fine. The petitioner is behind the bars since 26.11.2015. No useful purpose shall be served by putting him behind the bars for an indefinite period.
3. For the foregoing reasons, this petition is converted into appeal and the same is allowed. Consequently , Murad Khan petitioner is allowed bail after arrest (in the cited FIR), subject to his furnishing bail bond in the sum of Rs.100,0000- (Rupees one hundred thousand only), with one surety in the like amount, to the satisfaction of the learned 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.
Cited by 2 cases
- Hassan Ali vs The State 2024 IHC 10
- Ghulam Rasool @ Rasooli S/O Ghulam Muhammad vs The State 2023 SHC 894