MUHAMMAD SARFRAZ Versus State
This matter arises from a post-arrest bail application filed by the applicant, Muhammad Sarfraz, who was charged under section 9-C of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 5 kgs of charas. The core legal question concerns whether the applicant is entitled to bail in view of alleged procedural lapses, including the absence of public witnesses, discrepancies in the recovery memo regarding the quantity and samples, missing arrival entries, and unanswered questions regarding the chain of custody of the chemical examiner samples. The court held that the case falls within the scope of further inquiry, warranting the grant of bail. The key principle laid down is that material lapses in police procedure, such as lack of independent witnesses and ambiguities in the recovery and chemical analysis records, can justify extending the concession of post-arrest bail to an accused in narcotics cases.
- Whether the absence of public witnesses to a narcotics recovery makes the case one of further inquiry for the purpose of bail?
- Does ambiguity in the recovery memo regarding the weight and sample collection of charas justify granting post-arrest bail?
- Whether lapses in the chain of custody and chemical examiner reports entitle an accused to bail under the Control of Narcotic Substances Act, 1997?
- Section 9-C, Control of Narcotic Substances Act 1997
ORDER
1. SYED ZAKIR HUSSAIN, J.--- The case pertains to the recovery of charas weighing 5 kgs in shape of rods, the recovery of which is effected from the possession of the applicant by the police party on spy information, from the given place at the given date and time as reported against. The memo. was prepared as to the arrest of the applicant and recovery of the secured material respectively on the spot before the official witnesses, and a sample of the secured narcotic substance, consisting of 500 pieces of one gram each were parceled and sealed separately for chemical examination. The same was sent to the Chemical Examiner as a matter of investigation, whereas, the applicant having been brought at police station after registration of the F.I.R., was subjected to investigation and challaned before the court of law for the offence punishable under section 9-C of the Control of Narcotic Substances Act, 1997. The bail application preferred in the first instance before the learned trial court has been rejected.
2. The learned counsel for the applicant states that the case appears to be one of further enquiry on the ground that there is no public witness of the arrest and recovery etc. and to the memo. in question; memo is silent as to the number of rods and as to the number of pieces secured as sample; the Expert report shows that one Khaki envelope parcel was received as stuffed with multiple pieces of charas weighing 500 grams as net weight, 30 grams out of the said 500 grams as per the report appears to have been consumed in the analysis whereas the remaining was kept for being dispatched to or collected from the office of the Chemical Examiner, by the police, and there appears no record as to whether the police has collected the same or not or whether such material with its wrapper is in existence or not; and the F.I.R. and the memo. in question both carry reference of departure entry but not that of arrival entry. In support of his contentions, the learned counsel placed reliance on 2007 MLD 1092, 2009 PCr.LJ 1340 and 2010 SCMR 1160, which being on identical matters of the recovery of narcotic substances, wherein the concession of bail has been extended to the accused on such like lapses and, or on the ground of further enquiry etc., carry nexus with the instant one.
3. The learned A.P.-G. opposes the request in question.
4. Consequently, I having heard the matter, do hereby grant bail to the applicant in the sum of Rs.3,00,000.00 with P.R. Bond in the like amount to the satisfaction of trial court in the interest of justice.
5. H.B.T./M-196/K Bail granted.
Cited by 2 cases
- SHAH NAWAZ alias SHANOO vs The STATE 2014 P Cr. L J 482
- ZAHID HUSSAIN vs THE STATE 2012 YLR 2689