Safdar Ali vs The State and another
This petition concerns a request for post-arrest bail by the petitioner, Safdar Ali, who was charged under Section 9(1)(c) of the Control of Narcotic Substances Act, 1997, following the registration of an FIR regarding the alleged recovery of 10 kilograms of narcotics. The core legal question was whether the petitioner was entitled to bail given the discrepancies in the forensic evidence and the duration of his incarceration. Upon reviewing the record, the Court observed a significant inconsistency between the weight of the recovered material (10 kg) and the sample analyzed by the Punjab Forensic Science Agency (246 grams), as well as discrepancies regarding the nature of the recovered substance. The Court held that these inconsistencies rendered the case one of further inquiry, thereby entitling the petitioner to bail. Furthermore, the Court noted the petitioner's lack of a criminal record and the lack of progress in the trial. Consequently, the petition was allowed, and the petitioner was admitted to post-arrest bail, establishing the principle that material discrepancies in forensic evidence and sample weight can constitute grounds for further inquiry, warranting the grant of bail pending trial.
- Does a significant discrepancy between the weight of recovered narcotics and the weight of the sample analyzed by a forensic laboratory constitute grounds for further inquiry in a bail application?
- Is a petitioner entitled to post-arrest bail when there is a lack of material progress in the trial and no prior criminal record?
- Can inconsistencies in the description and weight of recovered contraband justify the grant of bail under the Control of Narcotic Substances Act 1997?
- Section 9(1)(c), Control of Narcotic Substances Act 1997
ORDER
SYED SHAHBAZ ALI RIZVI, J. Through this petition, Safdar Ali petitioner seeks his release on post arrest bail in case FIR No.12088 dated 15.11.2024 registered for offence under Section 9(1)1(c) of Control of Narcotic Substances Act, 1997 (amendment 2022), at Police Station Kahna, District Lahore.
2. Arguments heard. Record perused.
3. Perusal of the complaint/crime report transpires that the Recovered was in the form of green leaves and branches, 10-kg in weight out of which 500-grams was separated for sample purpose but the perusal of report of Punjab. Forensic Science Agency shows that the sample was 246-grams only and the material available therein was crushed dried green plant with flowering and fruiting tops. Thus the weight of sample taken and the material recovered is inconsistent with the weight of sample weighed by the laboratory and the contents available in the sample parcel. This aspect of the case in hand prima-facie, makes the same one of further inquiry into petitioner's guilt entitling him to the grant of post arrest bail. Petitioner does not have any previous criminal record. He is behind the bars since his arrest on 15.12.2024. No material progress in the trial could even be argued today. In collective consideration of the facts mentioned above, keeping the petitioner behind the bars till conclusion of trial is neither likely to serve any useful purpose nor seems justified. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of learned trial court.