ALLAH DITTA Versus State
The petitioner sought post-arrest bail in a case registered under sections 9 and 25 of the Control of Narcotic Substances Act, 1997, after being found in possession of two kilograms of poppy-straws. The petitioner argued lack of mens rea, potential medicinal use by quacks, lack of separation of contents affecting the total weight, and the illegality of the raid and investigation conducted by an Assistant Sub-Inspector in alleged violation of section 21 of the Control of Narcotic Substances Act, 1997. The Lahore High Court considered the circumstances, the duration of the petitioner's incarceration since July 2003, and the delayed trial, and consequently allowed the post-arrest bail subject to the furnishing of bail bonds with a local surety to the satisfaction of the trial court. The court established that under the specific facts, including prolonged detention without a trial in sight, bail is warranted.
- Whether an accused found in possession of poppy-straws is entitled to post-arrest bail when the trial is not in sight?
- Does the conduct of a raid and investigation by an Assistant Sub-Inspector affect the grant of bail under the Control of Narcotic Substances Act, 1997?
- Can the absence of mens rea and indigenous medicinal use of poppy-straws be considered grounds for granting bail?
- Section 9, Control of Narcotic Substances Act 1997
- Section 25, Control of Narcotic Substances Act 1997
- Section 21, Control of Narcotic Substances Act 1997
ORDER
ALI NAWAZ CHOWHAN, J.‑‑‑ The petitioner is asking for his post‑arrest bail in case F.I.R. No.259, dated 2‑7‑2003 reg istered under sections 9 and 25 of Control of Narcotic Substances Act, 1997 at P.S. Mustafabad, District Kasur.
2. The petitioner was found in possession of two kilograms of poppy‑straws at the time of his arrest. It is stated that the petitioner was unaware of the fact whether the poppy‑straws would ‑fall under the definition of narcotic substances because indigenously these are available and are used by quacks for medicinal purpose. That there is no mens rea attached. That there is no separation of the contents of the poppy‑straws and the weight which is being reflected by the prosecution is, therefore, a deception. Learned counsel for the petitioner went on to say that even the raid was illegal because it was conducted by an A.S.‑I. Which is forbidden by section 21 of Control of Narcotic Substances Act, 1997. That the investigation is being conducted by an A.S.‑I. and which further compounds illegality
3. Keeping in view the circumstances and the fact that the petitioner is in the lock‑up since 2/3‑7‑2003 and the trial is not in sight, the petitioner is allowed bail subject to his furnishing bail bonds in the sum of Rs.20,000 with one local surety in the like amount to the satisfaction of the trial .Court.
H.B.T./A‑286/L
Bail allowed.
Cited by 1 case
- Mst. HALEEMA MAI vs THE STATE 2008 YLR 2262