Syed IMDAD HUSSAIN KAZMI vs THE STATE
This matter concerns a post-arrest bail application filed by the petitioner, who was charged under sections 23 and 27 read with section 30(2) of the Drugs Act, 1976, following the recovery of cough syrups containing allopathic ingredients (Diazepam and Phenobarbitone) from his premises. The petitioner sought bail on the grounds that the ingredients were tranquilizers rather than intoxicants, that he had been incarcerated for two months, and that the maximum sentence for the alleged offence did not exceed three years. The Court examined whether the offence fell within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898. Holding that the offence was not punishable by ten years or more, the Court determined it fell outside the prohibitory clause. Furthermore, noting that the trial had not yet commenced and that continued detention would serve no useful purpose, the Court granted bail. The key principle established is that where an offence does not fall within the prohibitory clause of section 497, Code of Criminal Procedure 1898, and the accused has been incarcerated for a significant period, bail should generally be granted.
- Does an offence under the Drugs Act 1976, punishable by less than ten years imprisonment, fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Is an accused entitled to bail when the trial has not commenced and the offence does not fall within the prohibitory clause of section 497 of the Code of Criminal Procedure 1898?
- Section 23, Drugs Act 1976
- Section 27, Drugs Act 1976
- Section 30(2), Drugs Act 1976
- Section 497, Code of Criminal Procedure 1898
ORDER
' The petitioner is involved in case F.I.R. No, 400, dated 23-8-2000, registered against him at Police Station Satellite Town, Sargodha for having committed an offence punishable under sections 23/27 read with section 30(2) of Drugs Act, 1976.
2. A cursory study of the F.I.R. Reveals that the complainant alongwith Deputy District Health Officer, Sargodha visited premises of M/s. Kazmi Dawakhana situate near Bus Stand Sargodha and carried out joint inspection. During the course of inspection, they collected samples of some cough syrups for analysis purposes, which was despatched to the Government Analyst for his examination and report. After due examination of the samples, it was opined that the said samples contained allopathic ingredients i,e, Daizepam and Phenobarbitone, which was commonly used for intoxication.
3. After being arrested, the petitioner preferred his post-arrest bail application before Drug Court, which was dismissed on 7-9-2000. Hence this application before this Court.
4. Learned counsel for the petitioner argued that the abovesaid ingredients are used as tranquilizers and not for intoxication purposes. He next argued that the petitioner is behind the bars for the last about two months and sentence provided for the said offence does not exceed three years in any case. He further submits that case of the petitioner is not covered by the prohibitory field of section 497, Cr.P.C.
5. Learned counsel for the State submits that the recovered drugs are used for intoxication purposes and so the petitioner is not entitled to the grant of bail.
6. I have considered arguments of both the sides. Admittedly, the offence alleged to have been committed by the petitioner is not punishable with ten years or more and so it does not fall within the prohibitory field of section 497, Cr.P.C. He has been behind the bars for a sufficient long time and his further detention is not likely to serve any useful purpose to the prosecution. Vial has not commenced as yet. It is likely to consume a prety long time. Accused persons cannot be kept interminably in jail on the whim or caprice of the prosecution. There is no likelihood of petitioner's jumping the bail in any manner.
7. Accordingly, I admit the petitioner to bail subject to his furnishing bail bonds in the sum of Rs,30,000 with two sureties each in the like amount to the satisfaction of the trial Court.