Muhammad Jalal vs State and another
The petitioner sought post-arrest bail in a case registered under Section 9-C of the Control of Narcotic Substances Act, 1997, following the recovery of 1.1 kg of charas from his possession during a vehicle search. The petitioner contended that he lacked conscious knowledge of the narcotics carried by co-accused passengers and argued that the quantity recovered from him constituted a borderline case. The prosecution opposed the bail, citing the dismissal of bail applications for co-accused individuals and asserting the petitioner's conscious knowledge of the contraband. Upon review, the Court observed that while the recovery fell under the ambit of Section 9-C, the specific quantity recovered from the petitioner was a borderline case. The Court held that the question of the petitioner's conscious knowledge regarding the narcotics recovered from the co-accused remained a matter for trial determination. Distinguishing the petitioner's case from that of his co-accused, the Court allowed the petition and granted post-arrest bail, subject to the furnishing of bail bonds, emphasizing the discretionary nature of bail in borderline narcotic recovery cases.
- Does the recovery of 1.1 kg of charas constitute a borderline case for the purpose of granting post-arrest bail under the Control of Narcotic Substances Act 1997?
- Is the determination of 'conscious knowledge' regarding the possession of narcotics by co-accused a matter to be decided at the trial stage rather than at the bail stage?
- Section 9-C, Control of Narcotic Substances Act 1997
ORDER
The petitioner Muhammad Jalal seeks bail after arrest in case FIR No. 107/2020, dated 01.11.2020 under Section 9-C, Control of Narcotic Substances Act, 1997 (CNSA) registered with Police Station ANF, RD, Rawalpindi.
2. The case of the prosecution against the petitioner is that in routine checkup a car Bearing No. ANS-731 was stopped at Motorway link road at about 09:30. Three persons riding in the car were asked to come out of the same and upon checking narcotic substance weighing about 2200 grams charas were recovered from the person sitting in front and from the petitioner a packet containing 1.1-kg charas was recovered.
3. The petitioner filed bail after arrest which was dismissed on 01.12.2020 by the Judge Special Court (CNS), Islamabad.
4. Learned counsel for the petitioner , inter alia, contended that the petitioner was sitting at back and had no conscious knowledge that the passenger in front had narcotic substance. It was submitted that a contraband substance recovered from the petitioner was Weighing 1.1-kg which is borderline case, hence the bail application be allowed.
5. Learned Special Prosecutor ANF, inter alia, contended that the bail applications (Cr. Misc. No. 1232/2020 and Cr.
Misc. No. 1242/2020) of the co-accused namely Abid Khan and Shakil Khan have been dismissed by this Court. It was contended that the petitioner had conscious knowledge.
6. Arguments advanced by the learned counsel for the parties have been heard and the documents placed on record as well as the police file perused with their able assistance.
7. The petitioner is implicated in the offence mentioned hereinabove. It is an admitted position that the narcotic substance weighing about 2.2-kg was recovered from the persons sitting in front of the car. The fact whether the petitioner had conscious knowledge of the same is still to be determined during the course of trial. Charas recovered from the petitioner was about 1.1-kg which though falls under 9-C CNSA; however , is regarded as a borderline case. The case of the petitioner is dif ferent from his co-accused.
8. In view of above, the instant petition is allowed and the petitioner is enlarged on bail subject to furnishing bail bonds in the sum of Rs. 1,00,000/- with two sureties each in the like amount to the satisfaction of the trial Court.