Wajid Nawaz vs State and another
This matter comes before the Lahore High Court through a petition filed under Section 497 of the Code of Criminal Procedure 1898, whereby the petitioner Wajid Nawaz seeks post-arrest bail in case FIR No. 343/2020 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, concerning the alleged recovery of 1360 grams of charas. The core legal question revolves around whether post-arrest bail should be granted when the recovered contraband quantity marginally exceeds the threshold specified for stricter penalties and falls on the brink of Section 9(c). The Court held that since the recovered substance is slightly on the upper side of 1 kg and falls within a debatable margin regarding the maximum sentence, coupled with the petitioner's clean antecedents and prolonged detention without conclusion of the trial, the case warrants the concession of bail. The key principle laid down is that where the recovered narcotic quantity is marginally above the threshold, raising doubts on the applicability of the maximum penalty, and the accused has no previous criminal record and has undergone continuous detention, further incarceration serves no useful purpose, tilting the balance in favor of granting post-arrest bail.
- Whether post-arrest bail can be granted when the recovered narcotic quantity marginally exceeds one kilogram?
- Does the recovery of contraband on the brink of Section 9(c) of the Control of Narcotic Substances Act, 1997 attract the prohibitory clause?
- Is continuous detention without the conclusion of a trial a valid ground for releasing an accused on bail in narcotics cases?
- Section 497, Code of Criminal Procedure 1898
- Section 9(c), Control of Narcotic Substances Act, 1997
- Section 9(b), Control of Narcotic Substances Act, 1997
- Section 51, Control of Narcotic Substances Act, 1997
ORDER
Through the instant petition under Section 497, Cr.P.C., the petitioner , namely , Wajid Nawaz seeks his release on post-arrest bail in the case FIR No. 343/2020, dated 14.8.2020, registered with the Police Station City Dunyapur , District Lodhran in respect of an of fence under Section 9(c) of the Control of Narcotic Substances Act, 1997.
2. As per FIR, the allegation against the petitioner is that on 14.8.2020, he was apprehended by the police and charas weighing 1360 grams was allegedly recovered from his possession.
3.Arguments heard. Record perused.
4. It divulges from record that though the petitioner is nominated in the FIR with specific role of possessing charas weighing 1360-grams but it is observed that the alleged contraband substance recovered is on the brink so as to attract the mischief of Section 9(c) of CNSA. 1997. It would be determined by the trial Court as to whether the case of the petitioner falls within the ambit of Section 9(c) or 9(b) of CNSA, 1997 because the case against the petitioner is slightly upper side of the quantity laid down by the Hon'ble Supreme Court in the case reported as. Saeed Ahmad vs. State through P .G Punjab and another (PLJ 2018 SC 812 ), wherein it has been observed as under: "The record reveals that the petitioner has been found in possession of 1350 grams of charas. Since the substance recovered marginally exceeds 1 kg. we doubt petitioner could be awarded maxi mum sentence provided by the statute, The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also the in favour of grant of bail rather than refusal."
In the given circumstances whether maxi mum punishment provided for offence would be awarded or not is also a point-for discussion and is not covered under the prohibition of Section 51 of the Control of Narcotic Substances Act, 1997 (Act XXV of 1997). As per police record, the petitioner has no previous antecedents. Continuous detention of the petitioner since 14.8.2020 is serving no useful purpose. In this view of the matter , I feel persuaded to allow this petition. The petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs.
1,00,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court. It is, however , clarified that the observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition.