MUHARRAM Versus THE STATE
The applicant sought post-arrest bail after being found in possession of 95 grams of Charas under Crime No. 3 of 2003 registered by Excise Police, Dadu. The core legal question concerned whether the accused was entitled to bail given the circumstances of the arrest, the quantity of the alleged contraband, and the period already spent incarcerated. The court considered that no private person was associated to witness the recovery, that enmity with excise police officials was alleged, and that the applicant had been behind bars for more than four months for an offence punishable by two years. Holding that a case for bail was made out, the court granted post-arrest bail to the applicant in the sum of Rs. 50,000 with a P.R. bond in the like amount. The key principle laid down is that where an accused has undergone a significant period of incarceration for a minor offence and questions regarding the non-association of private witnesses and alleged police enmity arise, bail should appropriately be granted.
- Is an accused entitled to post-arrest bail when alleged to be in possession of 95 grams of Charas under the Control of Narcotic Substances Act?
- Does the non-association of private witnesses during recovery form a valid ground for granting bail?
- Whether the uncorroborated recovery by excise police coupled with allegations of enmity justifies the grant of bail?
- Section 9(a), Control of Narcotic Substances Act 1997
ORDER
1. The applicant was found in possession of 95 grams of Charas as per the contents of F.I.R. Crime No.3 of 2003 registered by Excise Police, Dadu under section 9(a), C.N.S. Act.
2. Learned A.A.‑G. requested for time to collect the police papers. However, we find the relevant documents are available in the bail application. Thus, the bail application was heard with the assistance of learned A.A.‑G. He has opposed the bail.
3. The applicant was arrested on 8‑10‑2003 at 4‑00 p.m. near the shrine of Bodla Bahar. Yet no private person was associated to witness the recovery. Enmity with the officials of Excise Police is alleged by the applicant.
4. The case is pending before the Magistrate as the offence is punishable by two years. The applicant is behind the bars since morel than last four months.
5. In the circumstances, the applicant is granted bail in the sum of Rs.50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.
6. N.H.Q./M‑26/K Bail granted.