MUHAMMAD RAZZAQ Versus State
This matter concerns a petition for post-arrest bail filed by the petitioner, who was apprehended with one kilogram of the narcotic substance known as 'Phakki'. The core legal question was whether the petitioner was entitled to the concession of bail given the nature of the recovery and the statutory restrictions on bail in narcotics cases. The Court held that since 'Phakki' has been declared a narcotic substance by a Full Bench of the High Court, the petitioner is not entitled to bail. The Court relied on the statutory prohibition against granting bail for such offences under the Control of Narcotic Substances Act, 1997. Consequently, the bail petition was dismissed, and the trial court was directed to conclude the proceedings expeditiously, noting that the challan had already been submitted.
- Is 'Phakki' considered a narcotic substance for the purposes of bail under the Control of Narcotic Substances Act 1997?
- Does Section 51-A of the Control of Narcotic Substances Act 1997 prohibit the grant of bail for the recovery of one kilogram of narcotic substance?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 51-A, Control of Narcotic Substances Act 1997
ORDER
The learned counsel for petitioner submits that no time of alleged recovery has been mentioned in the complaint and the offence falls under section 9(b) of the Control of Narcotic Substances Act, 1997, so the petitioner is entitled to the concession of bail.
2. On the other hand, the learned counsel appearing on behalf of ANF has submitted that one kilogram of the narcotic substance has been recovered from the petitioner and this Court in Crl. Misc. No.7484-B of 2005 has dismissed the bail application of accused in whose possession the same quantity of narcotic was recovered.
3. We have heard the learned counsel for parties. The petitioner was apprehended with one kilogram of "Phakki", which has been declared a narcotic substance by a Full Bench of this Court. So the bail cannot be granted to the petitioner in view of section 51-A of the Control of Narcotic Substances Act. This petition is, therefore, dismissed.
4. At this stage the learned counsel submits that the challan has not been submitted. On the other hand the A.S.-I., who has brought on record after going through the Zimi has submitted that the challan has already been submitted on 20-7-2005. The learned trial Court is directed to conclude the trial expeditiously.
H.B.T./M-42/L ??????????????????????????????????????????????????????????????????????????????????????????????? Bail refused.
Cited by 1 case
- YOUSIF KHAN vs THE STATE 2011 YLR 329