RIAZ AHMED Versus THE STATE-
This matter comes before the High Court of Sindh through a post-arrest bail application filed by the applicant, Riaz Ahmed, who is accused in Crime No. 17 of 2004 registered at Police Station Kotri, District Dadu, for an offence punishable under section 9-B of the Control of Narcotic Substances Act, 1997, on the allegation of alleged recovery of 130 grams of Charas. The core legal question concerns whether the accused is entitled to post-arrest bail given the facts, circumstances, and quantity of the recovered substance. The court's decision is to grant bail to the applicant. The key principle laid down, considering the contentions of false implication due to enmity with the police, the small quantity of contraband recovered, and the non-opposition of the State Counsel, is that bail is appropriately granted upon furnishing the required surety.
- Is an accused charged under section 9-B of the Control of Narcotic Substances Act, 1997 entitled to post-arrest bail when the recovered quantity is small and the State does not oppose the application?
- Can bail be granted on the basis of consent and circumstances indicating potential false implication due to police enmity?
- Section 9-B, Control of Narcotic Substances Act 1997
ORDER
1. Granted.
2. Applicant Riaz Ahmed is accused in Crime No. 17 of 2004, Police Station Kotri, District Dadu, for commission of offence punishable under section 9-B of Control of Narcotic Substances Act, 1997.
According to the prosecution story, in presence of police Mashirs 130 grams Charas was recovered from the applicant on 5-2-2004 when he was apprehended by the police.
Learned counsel contends that due to enmity with the police the" applicant has been falsely implicated in the crime.
Mr. Anwar Ansari learned State Counsel looking to the quantity of Charas recovered from the applicant and other facts and circumstances candidly did not oppose this bail application.
Considering the facts and circumstances of the case; Grounds Nos.5 to 7 urged in the bail application, and by consent, the applicant is admitted to bail on his furnishing surety in the sum of Rs.25,000 and P.R. bond in the like amount to the satisfaction of the trial Court.
H.B.T./R-22/K Bail granted.