PLJ 2021 Cr.C. 1303
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c) & 51--Bail, grant of--Allegation of--Recovery of charas--Though petitioner is nominated in FIR with specific role of possessing charas weighing 1360-grams but it is observed that alleged contraband substance recovered is on brink so as to attract mischief of Section 9(c) of CNSA, 1997--It would be determined by trial Court as to whether case of petitioner falls within ambit of Section 9(c) or 9(b) of CNSA, 1997 because case against petitioner is slightly\ upper side of quantity--In given circumstances whether maximum punishment provided for offence would be awarded or not also a point for discussion and is not covered under prohibition of Section 51 of Control of Narcotic Substances Act, 1997 (Act XXV of 1997)--As per police record, petitioner has no previous antecedents--Continuous detention of petitioner is serving no useful purpose--Petition was allowed. [P. 1304] A & B
PLJ 2018 SC 812.
Rana Jahanzaib Khan, Advocate for Petitioner.
Mr. Muhammad Ali Shahab, DPG for State.
Date of hearing: 4.5.2021.
PLJ 2021 Cr.C. 1303[Lahore High Court, Multan Bench]Present: Sardar Muhammad Sarfraz Dogar, J.WAJID NAWAZ--PetitionerversusSTATE and another--RespondentsCrl. Misc. No. 2776-B of 2021, decided on 4.5.2021.
Order
Through the instant petition under Section 497, Cr.P.C., the petitioner, namely, Wajid Nawaz seeks his release on post-arrest bail in the case FIR No. 343/2020, dated 14.8.2020, registered with the Police Station City Dunyapur, District Lodhran in respect of an offence under Section 9(c) of the Control of Narcotic Substances Act, 1997.
2. As per FIR, the allegation against the petitioner is that on 14.8.2020, he was apprehended by the police and charas weighing 1360 grams was allegedly recovered from his possession.
3. Arguments heard. Record perused.
4. It divulges from record that though the petitioner is nominated in the FIR with specific role of possessing charas weighing 1360-grams but it is observed that the alleged contraband substance recovered is on the brink so as to attract the mischief of Section 9(c) of CNSA. 1997. It would be determined by the trial Court as to whether the case of the petitioner falls within the ambit of Section 9(c) or 9(b) of CNSA, 1997 because the case against the petitioner is slightly upper side of the quantity laid down by the Hon’ble Supreme Court in the case reported as Saeed Ahmad vs. State through P.G Punjab and another (PLJ 2018 SC 812), wherein it has been observed as under:
“The record reveals that the petitioner has been found in possession of 1350 grams of charas. Since the substance recovered marginally exceeds 1 kg. we doubt petitioner could be awarded maximum sentence provided by the statute. The fact that he has been in jail for more than seven months and his trial is not likely to be concluded in the near future would also the in favour of grant of bail rather than refusal.”
In the given circumstances whether maximum punishment provided for offence would be awarded or not is also a point for discussion and is not covered under the prohibition of Section 51 of the Control of Narcotic Substances Act, 1997 (Act XXV of 1997). As per police record, the petitioner has no previous antecedents. Continuous detention of the petitioner since 14.8.2020 is serving no useful purpose. In this view of the matter, I feel persuaded to allow this petition. The petitioner shall be released on bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court. It is, however, clarified that the
observations made hereinabove are tentative in nature, and strictly confined to the disposal of this bail petition.
(A.A.K.) Bail allowed
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