SAIFULLAH Versus State
This matter concerns an application for the reduction of the security amount imposed by the trial court as a condition for bail in a narcotics case. The applicant, charged under the Control of Narcotic Substances Act, 1997, for possession of 620 grams of Charas, was granted bail by the trial court subject to furnishing security in the sum of Rs. 2,00,000. The applicant sought a reduction of this amount, arguing it was disproportionate to the quantity of the contraband recovered. The core legal question was whether the security amount set by the trial court was excessive given the circumstances of the case. The High Court held that the security amount was indeed disproportionate to the quantity of narcotics involved. Consequently, the court allowed the application and reduced the security amount to Rs. 50,000, while maintaining the requirement for a P.R. bond. The principle laid down is that the amount of security required for bail must be reasonable and proportionate to the nature of the offence and the quantity of the contraband recovered, rather than being punitive in nature.
- Can the High Court reduce the amount of security fixed by a trial court as a condition for bail?
- Is the amount of security for bail required to be proportionate to the quantity of contraband recovered in a narcotics case?
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
1. Granted.
2. This is an application for reduction of amount of security to be furnished by the applicant in pursuance of order of bail granted to him by the trial Court.
We have heard Mr. Abdul Ghaffar Sarno learned counsel for applicant and Mr. Habib Ahmed learned A.A.‑G.
The accused was arrested by' A.S.‑I. Muhammad Nawaz Tanoli of Police Station Mochko for an offence under section 9(b) of the Control of Narcotic Substances Act, 1997 on the ground that he was found in possession of 620 grams of Charas. Ire applied for bail and the learned trial Court on 11‑8‑2004 granted him bail subject to furnishing security in the sum of Rs.2,00,000 and P.R. bond in the like amount. An application was made for reduction of security amount but the learned trial Court by order dated 22‑10‑2004 turned down the request of applicant.
Learned counsel for the applicant at the outset has clarified that the applicant is not involved in 15 cases but the reference to 15 cases in the impugned order is with regard to the precedent in another case which was cited at the Bar. Learned counsel for the applicant further contended that the quantity of Charas allegedly secured is 620 grams and the amount of security is out of proportion. He relied on an order dated 17‑7‑2000 passed by this Court in Bail Application No.578 of 2000 wherein the amount of bail was reduced. Learned A.A.‑G. did not controvert the contention of learned counsel for applicant.
In the circumstances of the case we are of the view that as the quantity of Charas is 620 grams only the amount of security may be reduced.
Accordingly, the application is allowed. The applicant be released on bail granted by the trial Court subject to furnishing security in the sum of Rs.50,000 and executing P.R. bond to the satisfaction of trial Court. Application stands disposed of.
H.B.T./S‑82/K Application allowed.