Muhammad Aslam vs State etc
The petitioner, Muhammad Aslam, sought post-arrest bail in a criminal case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 1280 grams of charas. The core legal question was whether the petitioner was entitled to bail given the quantity of the narcotic recovered and the current status of the proceedings. The Court observed that the recovered quantity was only marginally above the threshold for the lesser offense under Section 9(b) of the Control of Narcotic Substances Act, 1997. Relying on the precedent set in Saeed Ahmad vs. State (PLJ 2018 SC 812), the Court reasoned that because the quantity was marginal, the maximum sentence was unlikely to be imposed. Furthermore, noting that the investigation was complete and further incarceration would serve no purpose, the Court held that the petitioner had made out a case for bail. The principle laid down is that where the recovered narcotic quantity marginally exceeds the statutory threshold, the likelihood of a maximum sentence is reduced, favoring the grant of bail, especially when the investigation is concluded.
- Does the recovery of a narcotic substance marginally above the statutory threshold for a lesser offense justify the grant of post-arrest bail?
- Is the completion of an investigation a relevant factor in determining whether to grant post-arrest bail in narcotic cases?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
The petitioner Muhammad Aslam seeks his release on post arrest bail in case/FIR No. 471, dated 20.06.2021, registered at Police Station Saddar Jalalpur Pirwala, District Multan, for offence under Section 9(c) of The Control of Narcotic Substances Act, 1997 (hereinafter to be called as C.N.S.A, 1997).
2. Precisely the allegation against the petitioner is that on suspicion, he was apprehended and charas weighing 1280 grams was recovered from his possession.
3. Arguments heard. Record perused.
4. The narcotic substance (charas) allegedly recovered from the petitioner weighing 1280 grams is marginally above the upper limit of Section 9(b) of C.N.S.A, 1997. The petitioner in the light of law laid down in the case reported as "Saeed. Ahmad vs. State through P.G Punjab and another" (PLJ 2018 SC 812) has made out his case for his release on bail wherein the apex Court has 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 tilt in favour of grant of bail rather than refusal. "
5. The investigation is already complete and further incarceration of the petitioner is of no consequence to the prosecution's case Resultantly , subject to his furnishing bail bonds in the sum of Rs. 100,000/-(rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court, the petitioner is admitted to post arrest bail and this petition stands allowed.