--S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail, grant of--Recovery of 1250 grams--

 PLJ 2022 Cr.C. 1060

Criminal Procedure Code, 1898 (V of 1898)--

----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Bail, grant of--Recovery of 1250 grams--Previously convicted--Does not deliver for bail--Report of Forensic expert is still awaited and, thus, prosecution cannot assert with any degree of certitude if recovered material was factually heroin or otherwise--Petitioner is shown to be a previous convict by way of probation in a couple of cases of similar nature and record is silent if petitioner violated terms/stipulations of her probation--However, previous conviction of an accused does not debar his subsequent release on bail--Petitioner is behind bars from last more than 04 months-- Conclusion of trial in near future is not insight--In circumstances,  Court inclined to exercise, discretion in favour of petitioner--Bail allowed. [P. 1061] A & B

Rai Zameer-ul-Hassan, Advocate for Petitioner.

Rai Asif Mehmood, Deputy Prosecutor General for State.

Date of hearing: 31.3.2022.

 PLJ 2022 Cr.C. 1060
[Lahore High Court, Multan Bench]
Present: Sardar Ahmed Naeem, J.
BUSHRA BIBI alias BUCHU--Petitioner
versus
STATE and another--Respondents
Crl. Misc. No. 14309-B of 2022, decided on 31.3.2022.

Order

Bushra Bibi alias Buchu, petitioner has sought post-arrest bail in case F.I.R. No. 1311 dated 11.11.2021, under Section 9(c) of Control of Narcotic Substances Act, 1997, registered at Police Station City Hafizabad, District Hafizabad.

2. Allegedly, 1250-gram Heroin was recovered from the petitioner.

3. Having heard the arguments addressed at the bar and after perusing the record, it was noticed that the quantity of the recovered contraband material is slightly on the higher side than one kilogram. The record is silent if the recovered contraband material was put on the scale with or without wrapper, removal whereof might have reduced its actual weight, thus, the case of the petitioner swings in between Section 9(b) and 9(c) of the Control of Narcotic Substances Act, 1997. The report of Forensic expert is still awaited and, thus, the prosecution cannot assert with any degree of the certitude if the recovered material was factually heroin or otherwise. The petitioner is shown to be a previous convict by way of probation in a couple of cases of similar nature and record is silent if the petitioner violated the terms/stipulations of her probation. However, the previous conviction of an accused does not debar his subsequent release on bail. Reliance in this context, can be placed on the cases of Muhammad Abid Farooq versus The State and another” (2015 P.Crl.LJ 224), Amin versus The State (1998 P.Cr.LJ 1677) and Shamoon Jatoi versus The State (1996 P.Cr.LJ 783). The petitioner is behind the bars from the last more than 04 months. The commencement/conclusion of trial in near future is not insight. In the circumstances, I am inclined to exercise my discretion in favour of the petitioner.

4. For the foregoing reasons, the application is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court/duty judge.

(K.Q.B.)          Bail allowed