Mst. HAJRA/Accused vs THE STATE
This matter concerns a post-arrest bail application filed by a female accused facing trial for the possession of narcotics. The core legal question was whether the applicant was entitled to bail given the prosecution's failure to follow mandatory procedural requirements regarding the handling of seized contraband. The Court observed that the F.I.R. was silent regarding the dispatch of the alleged narcotics for chemical analysis, failed to mention the collection of samples for such analysis, and provided only an approximate weight of the seized substances rather than an actual measurement. Holding that these procedural lapses, combined with the fact that the accused is a woman and the trial had not yet commenced, constituted sufficient grounds for relief, the Court granted bail. The judgment reinforces the principle that procedural irregularities in the recovery and handling of narcotics, particularly the failure to secure samples for chemical analysis, can create reasonable grounds for the grant of bail, especially when the accused falls within a category entitled to favorable consideration under the law.
- Does the failure of the prosecution to mention the dispatch of narcotic samples for chemical analysis in the F.I.R. constitute a ground for the grant of bail?
- Is the approximate weight of seized narcotics sufficient to establish a prima facie case for the purpose of bail?
- Can the gender of the accused be a relevant factor in the consideration of a bail application in narcotic cases?
- Section 8, Control of Narcotic Substances Act 1997
- Section 9(b), Control of Narcotic Substances Act 1997
ORDER
1. ' The facts leading to present application for bail are that applicant/accused Mst. Hajra is facing trial before learned Special Judge, Malir, Karachi in a case under sections 8, 9(b) Control of Narcotic Substances Act, 1997 which arose out of F.I.R. No,37 of 1999 of Police Station Malir City, Karachi.
2. ' The brief facts of the prosecution case as disclosed in the F.I.R. Lodged by complainant S.I.P.
3. Muhammad Iqbal on 26-2-1999 are that he was on patrolling duty along with his subordinate staff in his area when he received spy information that applicant/accused is selling Charas (Canabis resin). Complainant summoned lady A.S.-I. Shabana Naz and in her company they reached at the pointed place and apprehended the applicant/accused who was standing in front of her house.
4. The police party recovered 13 pieces of Charas (Canabis resin) weighing about 50 grams and opium about 75 grams from the front pocket of her shirt. She also produced a polythene bag containing Charas weighing about 400 Gms. In the shape of pieces from her house.
5. ' The applicant/accused applied for bail before the trial Court but it was declined by impugned order dated 16-3-1999.
6. ' I have heard Mr. M. Iqbal Ahmed learned counsel for the applicant/accused and Mr. Habib Ahmed learned Assistant Advocate-General on behalf of the State. The latter conceded to the grant of bail.
7. The perusal of record shows that the F.I.R. Is silent with regard to the dispatch of the alleged narcotic for chemical analyses. It is not mentioned that any sample of narcotic was taken for the purpose of sending it to the chemical analyzer. So far as the weight of alleged narcotic is concerned it is not shown that it was actually weighed but approximate weight has been given.
8. The offence with which the applicant/accused is charged is punishable with imprisonment for seven years. Moreover the applicant/accused is a woman. Her case has not proceeded as yet. Looking towards the peculiar facts and circumstances of the case and keeping in view the dicta of Honourable Supreme Court laid down in case of Tariq Bashir v. The State (PLD 1995 SC 34) bail is granted to the applicant/accused in the sum of Rs,1,00,000 (Rupees One lac only) and P.R. Bond in the like amount to the satisfaction of the trial Court.
9. ' The observations made hereinabove on the merits of this case are of tentative nature and the trial Court shall not be influenced thereby in any manner while deciding the case upon evaluation of the evidence brought on record by the parties at the stage of trial.
10. ' By my short order dated 7-5-1999 applicant/accused was granted bail and above are the detailed reasons for the same.
Cited by 1 case
- FAQEER MUHAMMAD vs THE STATE 2005 P Cr. L J 1176