Atlas Khan vs The State
The accused/petitioner Atlas Khan sought post-arrest bail in case FIR No.249 dated 08.03.2021 registered under Section 11(B) of the KP Control of Narcotic Substances Act at Police Station Urmar, District Peshawar, following the recovery of 520 grams of Amphetamine (Ice) from his direct and immediate possession. The core legal question was whether the petitioner was entitled to the concession of bail given the quantity and nature of the recovered contraband. The Peshawar High Court held that Amphetamine is a lethal and expensive contraband with devastating effects primarily on the younger generation, and the recovered quantity of 520 grams—supported by an affirmative FSL report—was huge and connected the accused to an offence falling within the prohibitory limb of Section 497 of the Code of Criminal Procedure 1898. Consequently, the court ruled that the accused was disentitled to bail and dismissed the petition.
- Whether the recovery of 520 grams of Amphetamine (Ice) attracts the prohibitory limb of Section 497 of the Code of Criminal Procedure 1898?
- Is an accused found in possession of a large quantity of Amphetamine entitled to post-arrest bail?
- Does an affirmative FSL report regarding recovered narcotics prima facie connect the accused to the offence?
- Section 11(B), KP Control of Narcotic Substances Act
- Section 497, Code of Criminal Procedure 1898
ORDER
QAISER RASHID KHAN, CJ;- Accused/petitioner Atlas Khan seeks his release on bail in case FIR No.249, dated 08.03.2021, under Section 11 (B) of the KP Control of Narcotic Substances Act of Police Station Urmar, District Peshawar, after the said relief has been declined to him by the learned court below.
2. Arguments heard and the available record perused.
3. As per the FIR ibid, it was during the course of patrol duty by the local police at the spot, when a person found in suspicious condition having a black shopping bag in his hand was stopped, who disclosed his name as Atlas Khan (accused-petitioner). The search led to the recovery of 520 grams of Amphetamine (Ice) from the shopping bag.
4. Amphetamine / Ice is the latest and most lethal among the contrabands, which as against the other narcotics like `charas' is not possessed in maunds and kilograms but in small quantity given the fact that it is by far the most expensive contraband. However, its small quantity has proved to have devastating effects on its consumers, who mostly happen to be from the younger generation including the school and college going students. By that count, 520 grams of Amphetamine / Ice recovered from the direct and immediate possession of the accused-petitioner is a huge quantity in respect of which the FSL report is also in the affirmative. Thus, the accused-petitioner is prima facie connected with the commission of the offence attracting the prohibitory limb of section 497 Cr.P.C. Hence, I hold him disentitled to the concession of bail.
5. Resultantly, this bail petition stands dismissed.