NAZEEM ULLAH and others vs The STATE
This criminal petition, converted into an appeal, challenges the order of the Peshawar High Court whereby the petitioners were refused post-arrest bail in a case registered under section 9(b) of the Control of Narcotic Substances Act, 1997. The core legal question was whether the petitioners were entitled to bail when the recovered narcotic substance was found in a common area and the issue of conscious possession required determination at trial. The Supreme Court held that since the alleged offence falls outside the prohibitory clause of section 497 of the Code of Criminal Procedure 1898 and the question of conscious knowledge and possession of the narcotics is to be settled during trial, the petitioners have made out a case for bail. Consequently, the Court allowed the appeal and admitted the appellants to post-arrest bail, laying down that offences outside the prohibitory clause where conscious possession is debatable warrant the grant of bail.
- Whether bail should be granted when an offence falls outside the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- Can a case involving the recovery of narcotics from a common area where conscious possession is questionable be considered for post-arrest bail?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER
MANZOOR AHMAD MALIK, J. Impugned herein is the order dated 21.08.2019, whereby petitioners were refused bail by the learned Peshawar High Court, Peshawar in case FIR No. 418 dated 06.08.2019, offence under section 9(b) of the Control of Narcotic Substances Act, 1997, registered at Police Station Gulberg, Peshawar .
2. After hearing the learned counsel for the petitioners at length and perusal of available record, it has been observed by us that as per contents of FIR, at the time of raid, one co-accused Malik Amjad fled away from the spot from the back door of Baithak. The amphetamine was recovered from a black colour shopping bag, which was found from the center of the Baithak. The question whether the petitioners had the conscious knowledge or possession of the recovered narcotic substance shall be determined at the time of trial. Moreover , the offence alleged falls outside the prohibitory clause of section 497, Code of Criminal Procedure. In these circumstances, the petitioners have made out a case for bail.
3. For the foregoing, the instant criminal petition is converted into an appeal and the same is hereby allowed.
Appellants Nazeem Ullah, Muhammad Yousaf and Aftab are allowed bail (in the instant FIR) subject to their furnishing bail bonds in the sum of Rs.200,000/- rupees two hundred thousand) each, with one surety each, 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.
Cited by 1 case
- MUHAMMAD DAUD Versus State 2026 SCMR 115