MUHAMMAD SAEED vs THE STATE
The petitioner Muhammad Saeed sought post-arrest bail in case F.I.R. No. 409 dated 9-12-2001 registered under Section 9-B of the Control of Narcotic Substances Act, 1997, at Police Station Jahanaian, District Khanewal, concerning the alleged recovery of 510 grams of Charas. The core legal question was whether the petitioner was entitled to post-arrest bail given that 510 grams of narcotics were allegedly recovered from his cattle shed, he was found innocent during police investigation, he had been incarcerated for approximately six months, and he was not a previous convict. The Lahore High Court held that the petitioner made out a case for bail as he was found innocent during investigation, the embargo under Section 51 of the Control of Narcotic Substances Act, 1997 did not impede the grant of bail under the circumstances, and he had been behind bars for six months without a previous conviction. The petition was accordingly accepted and the petitioner admitted to bail.
- Is an accused entitled to post-arrest bail under the Control of Narcotic Substances Act, 1997 when found innocent during the police investigation?
- Does the embargo contained in Section 51 of the Control of Narcotic Substances Act, 1997 bar the grant of bail in every circumstance?
- Whether recovery from a cattle shed rather than direct personal physical possession constitutes a ground for further inquiry regarding post-arrest bail?
- Section 9-B, Control of Narcotic Substances Act, 1997
- Section 51, Control of Narcotic Substances Act, 1997
ORDER
Muhammad Saeed petitioner has sought for the relief of post-arrest bail in case F.I.R. No,409 dated 9-12-2001 under section 9-B of Control of Narcotic Substances Act, 1997 registered at Police Station Jahanaian District Khanewal.
2. Briefly the allegation against the petitioner as per F.I.R. is that on 9-12-2001 Charas weighing 510 grams was recovered from his possession.
3. It has been manly contended on behalf of the petitioner that he has been falsely roped in merely for the reason that narcotics was recovered from his 'Manna' (cattle shed) while it was not at all recovered from his possession that during the investigation he has been found innocent, and that he is behind the bars for the last about six months and is not previous convict.
4. Learned State counsel has opposed this bail petition but has conceded that during the investigation the petitioner has been found innocent.
5. We have considered the submissions of the learned counsel for the petitioner as well as the State with the help of the record.
6. As per 510 grams charas was recovered from the possession of the petitioner. Admittedly he has been found to be innocent during the investigation and his version raised in the investigation to be correct. He is behind the bars for the last six months and is not previous convict. The embargo placed by section 51, C.N.S.A. will not come in his way to the grant of bail. We find that it is a fit case for the enlargement of the petitioner on bail. In this view of the matter, we accept this petition and admit the petitioner to bail in the sum of Rs, 50,000 with one surety in the like amount to the satisfaction of the learned trial Court.