Muhammad Shafique vs State etc
This petition was filed under Section 497 of the Code of Criminal Procedure 1898, seeking post-arrest bail for the petitioner in a criminal case registered under Section 9(c) of the Control of Narcotic Substances Act 1997. The petitioner was accused of possessing 5.2 kilograms of bhang. The core legal question was whether the recovery of bhang, without specific classification of its parts, warranted the denial of bail, particularly concerning whether the offense fell under the Control of Narcotic Substances Act 1997 or the Prohibition (Enforcement of Hadd) Order 1979. The Court held that given the ambiguity regarding the classification of the recovered substance and the fact that the petitioner was a first-time offender with no criminal history, further incarceration was unnecessary. The Court emphasized that investigation was complete and the trial's conclusion was not imminent. Consequently, the Court granted post-arrest bail to the petitioner, relying on established precedents regarding the treatment of bhang-related offenses and the principle that prolonged pre-trial detention without a clear statutory classification serves no useful purpose for the prosecution.
- Does the recovery of bhang without specifying its parts necessarily bring the offense within the ambit of the Control of Narcotic Substances Act 1997?
- Is a first-time offender entitled to post-arrest bail when the investigation is complete and the trial is not likely to conclude in the near future?
- Can the ambiguity regarding the classification of a recovered substance be a ground for granting bail in narcotic cases?
- Section 497, Code of Criminal Procedure 1898
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 2(d)(ii), Control of Narcotic Substances Act 1997
- Prohibition (Enforcement of Hadd) Order 1979
ORDER
By means of the instant petition in terms of Section 497, Cr.P.C. the petitioner , seek s his release on post-arrest bail in case FIR No. 150/2021, dated 21.03.2021, offence under Section 9(c) of The Control of Narcotic Substances Act, 1997 (" CNSA, 1997 ") registered with the Police Station Kot Sultan, District Layyah.
2. As per contents of FIR, precisely , the allegation against the petitioner is that bhang weighing 5-kg 20-grams was recovered from his possession when he was apprehended by a raiding party in response to aspy information.
3. Heard. Record perused.
4. According to the contents of the FIR, the petitioner was apprehended by the police on the basis of spy information and 5200-grams Bhang was allegedly recovered from his possession. In the FIR, recovery of "bhang" without specifying parts thereof, from the petitioner has been alleged. Therefore, in the light of the law laid down in the cases titled Muhammad Javed v. The Stale and another (2017 P.Cr.L.X, Note 204) and Ali Asshar Vs. The State and others (2015 P.Cr.R.30 (Multan), it would be seen during the trial, whether the case against the petitioner falls within ambit of Section 2(d)(ii) of the CNSA, 1997, or under the Prohibition (Enforcement of Hadd)
Order IV , 1979.
5. Furthermore, in another identical situation, this Court through order dated 9.6.2016, passed in Crl. Misc. No. 919-B/2016, had admitted an accused to bail. The State, for its cancellation, had filed Crl. Petition No. 999-L/2016, before the Hon'ble Supreme Court of Pakistan, but refused on 25.01.2017. The view of this Court with respect to grant of bail in the matters of Bhang has further been elaborated by the August Supreme Court of Pakistan by dismissing the c leave to appeal filed by the State against various bail granting orders of this Court in case titled "The State vs. Muhammad Sarwar and others" ( 2017 SCMR 1993 ).
6. The petitioner is first offender having no criminal antecedents. He is behind the bars and investigation of the case is complete and person of the petitioner is no more required by the police for the purpose of further investigation. The petitioner is still awaitin g his trial, the conclusion of which is not in sight in near future, therefore; his further detention in jail would serve no useful purpose for the prosecution. Accordingly , this petition is allowed and the petitioner is admitted to post arrest bail on furnishing bail bond in the sum of Rs. 1,00,000/-with one surety in the like amount to the satisfaction of the learned trial Court.
7. Needless to observe that the observations made hereinabove are only tentative in their nature and are strictly confined to the extent of grant of instant bail.