MUHAMMAD FAROOQ Versus State
The petitioner sought post-arrest bail in case F.I.R. No.381 of 2004 registered under Section 9(b) of the Control of Narcotic Substances Act, 1997, at Police Station City Jhang, following the alleged recovery of 500 grams of Charas. The core legal question was whether the petitioner was entitled to post-arrest bail when the charged offence fell outside the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898. The court held that since the petitioner was arrested, investigation was complete, challan had been submitted, and the offence did not fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898, the petitioner was entitled to bail. The court accordingly admitted the petitioner to post-arrest bail subject to furnishing bail bonds.
- Whether an accused found in possession of 500 grams of Charas under Section 9(b) of the Control of Narcotic Substances Act, 1997 is entitled to post-arrest bail when the offence falls outside the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898?
- Does an offence under Section 9(b) of the Control of Narcotic Substances Act, 1997 fall within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER
The petitioner seeks bail after arrest in case F.I.R. No.381 of 2004 registered on 18-12-2004 in Police Station City Jhang, under section 9(b) of Control of Narcotic Substances, Act; 1997.
2. The learned counsel for the petitioner has argued that the petitioner was found in possession of 500 grams of Charas and the offence against him falls under section 9(b) of Control of Narcotic Substances Act, 1997 which falls outside the limits of section 497, Cr.P.C.
3. On the other hand, the learned counsel for the State has opposed the grant of bail.
4. Arguments have been heard and record perused.
5. The petitioner was arrested on 18-12-2004 and on his personal search 500 grams Charas was recovered. He was sent to the judicial lock-up after usual investigation. Challan has already been submitted A against him. His case does not fall within the prohibitory clause of section 497, Cr.P.C. We, therefore, admit the petitioner to bail in the sum of Rs.50,000 with one surety in the like amount, to the satisfaction of the learned trial Court.
H.B.T./M-1203/L Bail granted.