Safdar Ali Versus State
This is a petition for post-arrest bail filed by the petitioner, Safdar Ali, who is accused in a case registered under Section 9(1)(c) of the Control of Narcotic Substances Act, 1997. The core legal question before the court was whether the petitioner was entitled to bail given the discrepancies in the forensic evidence and the duration of his incarceration. Upon reviewing the record, the court observed a significant inconsistency between the weight of the recovered narcotic substance (10 kg) and the weight of the sample analyzed by the Punjab Forensic Science Agency (246 grams), as well as discrepancies regarding the nature of the recovered material. The court held that these inconsistencies created a case of further inquiry into the petitioner's guilt. Furthermore, noting the petitioner's lack of prior criminal record, the duration of his detention since December 2024, and the lack of progress in the trial, the court concluded that continued incarceration was unjustified. Consequently, the petition was allowed, and the petitioner was admitted to post-arrest bail subject to the furnishing of bail bonds.
- Does a discrepancy between the weight of recovered narcotics and the weight of the sample analyzed by a forensic laboratory constitute grounds for further inquiry in a bail application?
- Is a petitioner entitled to post-arrest bail when there is a lack of progress in the trial and no prior criminal record?
- Can inconsistencies in the description and weight of recovered contraband justify the grant of bail under the Control of Narcotic Substances Act 1997?
- Section 9(1)(c), Control of Narcotic Substances Act 1997
Order
Syed Shahbaz Ali Rizvi, J .--- Through this petition, Safdar Ali petitioner seeks his release on post arrest bail in case FIR No.12088 dated 15.11.2024 registered for offence under Section 9(1)1(c) of Control of Narcotic Substances Act, 1997 (amendment 2022), at Police Station Kahna, District Lahore.
2. Arguments heard. Record perused.
3. Perusal of the complaint/crime report transpires that the recovered was in the form of green leaves and branches, 10-kg in weight out of which 500-grams was separated for sample purpose but the perusal of report of Punjab Forensic Science Agency shows that the sample was 246-grams only and the material available therein was crushed dried green plant with flowering and fruiting tops. Thus the weight of sample taken and the material recovered is inconsistent with the weight of sample weighed by the laboratory and the contents available in the sample parcel. This aspect of the case in hand prima-facie, makes the same one of further inquiry into petitioner's guilt entitling him to the grant of post arrest bail. Petitioner does not have any previous criminal record. He is behind the bars since his arrest on 15.12.2024. No material progress in the trial could even be argued today. In collective consideration of the facts mentioned above, keeping the petitioner behind the bars till conclusion of trial is neither likely to serve any useful purpose nor seems justified. Hence, this petition is allowed and the petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs.200,000/- with two sureties each in the like amount to the satisfaction of learned trial court.
MQ/S-19/L Bail granted.