ATLAS KHAN Versus State
The matter arises from a post-arrest bail petition filed by the accused Atlas Khan seeking release in case FIR No. 249 dated 08.03.2021 registered under Section 11(B) of the KP Control of Narcotic Substances Act at Police Station Urmar, District Peshawar, following the recovery of 520 grams of Amphetamine (Ice). The core legal question is whether the accused is entitled to the concession of post-arrest bail for the recovery of 520 grams of Ice, given its nature and the prohibitory limb of Section 497 of the Code of Criminal Procedure 1898. The Peshawar High Court held that Amphetamine is a highly lethal and expensive contraband causing devastating effects on the younger generation, and the recovered quantity of 520 grams, supported by an affirmative FSL report, is huge and connects the accused prima facie to the offence. The court laid down the principle that the small bulk of Amphetamine compared to traditional narcotics does not dilute the gravity of the offence, and recovery of a substantial quantity of Ice falls within the prohibitory clause, disentitling the accused to bail.
- Is an accused entitled to post-arrest bail when charged with the possession of 520 grams of Amphetamine (Ice)?
- Does the recovery of Amphetamine fall within the prohibitory limb of Section 497 of the Code of Criminal Procedure 1898?
- How does the quantity of Amphetamine impact the consideration for grant of bail compared to traditional narcotics?
- Section 11(B), KP Control of Narcotic Substances Act
- Section 497, Code of Criminal Procedure 1898
ORDER
QAISER RASHID KHAN, J.---- Accused/petitioner Atlas Khan seeks his release on bail in case FIR No.249, dated 08.03.2021, under Section 11 (B) of the KP Control of Narcotic Substances Act of Police Station Urmar, District Peshawar, after the said relief has been declined to him by the learned court below.
2. Arguments heard and the available record perused.
3. As per the FIR ibid, it was during the course of patrol duty by the local police at the spot, when a person found in suspicious condition having a black shopping bag in his hand was stopped, who disclosed his name as Atlas Khan (accused-petitioner). The search led to the recovery of 520 grams of Amphetamine (Ice) from the shopping bag.
4. Amphetamine / Ice is the latest and most lethal among the contrabands, which as against the other narcotics like 'charas' is not possessed in maunds and kilograms but in small quantity given the fact that it is by far the most expensive contraband. However, its small quantity has proved to have devastating effects on its consumers, who mostly happen to be from the younger generation including the school and college going students. By that count, 520 grams of Amphetamine / Ice recovered from the direct and immediate possession of the accused-petitioner is a huge quantity in respect of which the FSL report is also in the affirmative. Thus, the accused-petitioner is prima facie connected with the commission of the offence attracting the prohibitory limb of section 497, Cr.P.C. Hence, I hold him disentitled to the concession of bail.
5. Resultantly, this bail petition stands dismissed.
SA/130/P Bail declined.