SARFARAZ KHAN Versus THE STATE
This matter concerns a bail application filed by the applicant, Sarfaraz Khan, who was charged under section 9(c) of the Control of Narcotics Substances Act, 1997, following an alleged recovery of 2 kilograms of opium. The core legal question before the Court was whether the applicant was entitled to post-arrest bail given the specific circumstances of his arrest and the alleged prior detention of his family members by the police. The applicant contended that he and his family members were already in police custody prior to the date of the alleged recovery, suggesting the case against him was fabricated. The learned Assistant Advocate General did not oppose the bail application. The Court, upon reviewing the contentions and finding merit in the defense's argument regarding the circumstances of the arrest, held that the applicant's case fell within the scope of further inquiry under subsection (2) of section 497 of the Code of Criminal Procedure, 1898. Consequently, the Court granted the bail application, subject to the furnishing of a solvent surety.
- Does the allegation that an accused was in police custody prior to the date of the alleged recovery of narcotics constitute grounds for further inquiry under section 497(2) of the Code of Criminal Procedure 1898?
- Can bail be granted in a narcotics case where the prosecution does not oppose the application?
- Section 9(c), Control of Narcotics Substances Act 1997
- Section 497(2), Code of Criminal Procedure 1898
ORDER
1. GHULAM NABI SOOMRO, J .---The applicant, Sarfaraz Khan, seeks bail in a case (F.I.R. No.62 of 2001, Police Station Jackson), under section 9(c) of Control of Narcotics Substances Act, 1997, pending trial before the learned Special Court (Narcotics), Karachi.
2. The applicant allegedly was found possessing 2 Kgs. of opium by complainant. A.S.-I. Muhammad Nawaz Chatta of CIA, South Saddai, Karachi, on 14-5-2001, on receipt of spy information. One of the Mashirs of recovery in the case is A.S.-I. Manzoor Elahi of CIA.
3. It is contended by the applicant's counsel that the appellant's father, namely, Mir Ewaz Khan and brother Shamshad Khan were taken away by CIA Police, Saddar, from their house on 10-5-2001 and were detained there till their indictment in separate F.I.Rs. Nos.62 of 2001 and 63 of 2001 of Police Station Jackson. It is further argued that on 11-5-2001, applicant Sarfraz Khan and his brother Shamshad Khan were to appear before, the learned Special Court but on account of their being in police custody an application was made to the Court on 11-5-2001 intimating the Court about such detention and prayed for condonation of their a5sence. Learned counsel further submitted that the applicant's father was sapaiatcly involved in F.I.R. No.63 of 2001 on 16-5-2001 who has, however, been granted bail by the trial Court.
4. Learned A.A.-G., in view of the above contentions, does not oppose the bail application and has conceded to the grant of bail.
5. Upon hearing the learned counsel for the parties and taking into consideration the respective contentions raised before us, we find some truth in the contentions of the defence and are of the view that the case of the applicant falls within the ambit of subsection (2) of section 497, Cr.P.C. He is, therefore, allowed bail subject to his furnishing a solvent surety in the sum of Rs.200,000 (Rupees two lacs) and P.R. bond in the like amount to the satisfaction of the trial Court.
6. H.B.T./S-292/K Bail granted.