IBRAHIM Versus State
This matter arises from a post-arrest bail application filed by Ibrahim seeking release in case F.I.R. No. 778 dated 10-10-2010 registered under Section 9 of the Control of Narcotic Substances Act, 1997 at Police Station Gut Bahar, Peshawar, following the alleged recovery of two kilograms of Charas Pukhta. The core legal question concerns whether the petitioner is entitled to post-arrest bail given the quantity of the recovered contraband and the stage of the investigation. The Peshawar High Court held that the completion of the investigation coupled with the quantity of the recovered contraband brings the case within the scope of 'further inquiry', and that the offence does not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898. Consequently, the court confirmed the grant of post-arrest bail to the petitioner, laying down the principle that intermediate quantities of narcotics not attracting the prohibitory clause and where investigations are complete warrant the exercise of judicial discretion in favor of bail.
- Does the recovery of two kilograms of Charas Pukhta fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure 1898?
- When does a narcotics case qualify for further inquiry at the post-arrest bail stage?
- Is an accused entitled to bail under Section 9 of the Control of Narcotic Substances Act 1997 when the investigation is complete and the prohibitory clause is not attracted?
- Section 9, Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
YAHYA AFRIDI, J.--- Ibrahim seeks his post-arrest bail in case F.I.R. No.778 dated 10-10-2010 for an offence under section 9 Control of Narcotic Substances Act, 1997 ("CNSA") registered in Police Station, Gut Bahar, Peshawar ("F.I.R.").
2. The case set up by the prosecution against the petitioner as recorded in the F.I.R. is that the petitioner was on suspicion stopped by a police party and on his search, two kilo grams of "Charas Pukhta was recovered from a bag, which he was carrying. The prosecution contends that the FSL report is positive and that the challan in the case is complete.
3. The investigation in the present case having been completed and the quantity of alleged contraband recovered cumulatively make the case of the petitioner, a case of "further inquiry". Furthermore, the quantity of contraband allegedly recovered would surely not ' bring home a punishment saddling the case in the Prohibitory Clause of section 497 of Criminal Procedure Code 1898, ("Cr.P.C."). Hence, the discretion of bail is being allowed.
4. These are the reasons for which this application for post-arrest bail was allowed to the petitioner vide short order dated 12-11-2010, whereby the petitioner Ibrahim son of Mir Baz was granted bail provided he furnished bail bond in the sum of Rs.5,00,000 (five hundred thousand) with two sureties each-in the like amount to the satisfaction of the Illaqa/Duty Magistrate who was to ensure that the sureties are local, men of means and reliable.
HBT/283/P ????????????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.