ABDUL SATTAR Versus THE STATE
This matter arises from a criminal petition filed by Abdul Sattar seeking post-arrest bail in case F.I.R. No. 285 registered at Police Station Saddar, Ali Pur, District Muzaffargarh, for offences under section 9(c) of the Control of Narcotic Substances Act, 1997 and Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979, after being apprehended with 2-1/2 kilograms of Charas. The core legal questions involve the applicability of section 103 of the Code of Criminal Procedure 1898 to narcotics cases and the statutory bar against granting bail under the Control of Narcotic Substances Act, 1997. The Lahore High Court dismissed the petition, holding that prima facie reasonable grounds existed to believe the petitioner was involved in the offence, that section 103, Cr.P.C. is excluded by section 25 of the Control of Narcotic Substances Act, 1997, and that subsection (1) of section 51 of the said Act imposes a statutory embargo on the grant of bail for offences under section 9(c). The key principle laid down is that statutory bars on bail in narcotics legislation must be enforced when reasonable grounds connect the accused to the crime, and procedural search requirements like section 103, Cr.P.C. do not apply where expressly excluded.
- Whether the provisions of section 103 of the Code of Criminal Procedure 1898 apply to cases under the Control of Narcotic Substances Act, 1997?
- Does section 51(1) of the Control of Narcotic Substances Act, 1997 create an embargo against the grant of bail for an offence under section 9(c)?
- Can post-arrest bail be granted when prima facie reasonable grounds exist to believe the accused committed an offence under section 9(c) of the Control of Narcotic Substances Act, 1997?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 25, Control of Narcotic Substances Act 1997
- Section 51(1), Control of Narcotic Substances Act 1997
- Section 103, Code of Criminal Procedure 1898
- Article 3, Prohibition (Enforcement of Hadd) Order 1979
- Article 4, Prohibition (Enforcement of Hadd) Order 1979
ORDER
MUHAMMAD FARRUKH MAHMUD, J.‑‑‑ Through this petition Abdul Sattar petitioner has sought post‑arrest bail in case F.I.R. No.285 registered at Police Station Saddar, Ali Pur, District Muzaffargarh on 21‑10‑2001 for offences under section 9(c) of the Control of Narcotic Substances Act, 1997 and Articles 3/4 of the Prohibition (Enforcement of Hadd) Order, 1979.
2. The petitioner was allegedly apprehended red‑handed while in possession of Charas weighing 2‑1/2 K.gs. There does not appear to be any background of bitterness or ill‑will between the petitioner and the local police so as to prompt the latter to falsely implicate the petitioner in a case of this nature. The ground taken in the present petition in respect of violation of the requirements of section 103, Cr.P.C. is without any substance as by virtue of the provisions of section 25 of the Control of Narcotic Substances Act, 1997 the provisions of section 103, Cr.P.C. are not applicable to a case of this nature. According to subsection (1) of section 51 of the Control of Narcotic Substances Act, 1997 there is an embargo and prohibition vis‑a‑vis grant of bail in a case attracting the provisions of section 9(c) of the said Act. The challan in this case has already been submitted after completion of investigation as the police has already felt convinced of the guilt of the petitioner.
3. For what has been discussed above prima facie reasonable grounds do exist to believe in the petitioner's involvement in the alleged offences and this petition is, therefore, dismissed.
H.B.T./A‑633/L Bail refused.