MUMTAZ ALI Versus State
The applicant filed a bail application in respect of Crime No. 13 of 2003 registered at Excise Police Station, Jacobabad, for an offense under section 9(c) of the Control of Narcotic Substances Act, following the alleged recovery of two kilograms of Charas. The core legal question was whether the applicant was entitled to post-arrest bail given the Chemical Examiner's report indicating only traces of Charas. The court held that the presence of only traces of Charas rendered the case one of further inquiry under the law, making the applicant eligible for bail. The bail application was accordingly granted subject to the furnishing of solvent surety and a personal recognizance bond.
- Whether the recovery of substances containing only traces of Charas makes the case one of further inquiry for the purpose of bail?
- Is an accused entitled to post-arrest bail when the chemical examiner report shows less than one percent of a prohibited substance?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
1. GULZAR AHMED, J.--- The applicant has filed this bail application in Crime No.13 of 2003 of Excise Police Station, Jacobabad, Circle, for offence under section 9(c) of Control of Narcotic Substances Act in which it is alleged that on 9-11-2003 the Excise Police party on spy information has apprehended the present applicant from whom 161 pieces weighing 2 Kgs. of Charas was recovered. Out of which two pieces of Charas were separately sealed and sent to the Chemical Examiner for his report. The Chemical Examiner has given his report dated 11-3-2004 in which he has found that the substances received by him had traces of Charas. The Chemical Examiner is present in person and he explains that traces means that there is less than one per cent. of Charas in the substance examined/existed.
2. Learned State Counsel concedes to the grant of bail to the applicant in view of the report of the Chemical Examiner.
3. We have heard the learned counsel and perused the police papers.
4. According to the Chemical Examiner s report, only traces of Charas were found in the material examined by him in this case. The question of recovery of Charas from the present applicant appears to be that of further inquiry and the applicant is, therefore, entitled to the grant of bail. Accordingly, the bail application is granted. The applicant is directed to be released on bail on furnishing solvent surety in the sum of Rs.3,00,000 and P.R. bond in the like amount to the satisfaction of the trial Court.
5. H.B.T./M-180/K Bail granted.
Cited by 2 cases
- ABDUL AZIZ vs The STATE 2015 MLD 383
- ABDUL MANAN and another vs THE STATE 2008 P Cr. L J 1268