PLJ 2023 Cr.C. (Note) 120
[Lahore High Court, Multan Bench]
Present: Muhammad Waheed Khan, J.
MUHAMMAD SAJJAD--Petitioner
versus
STATE etc.--Respondents
Cr. Misc. No. 8603-B of 2022, decided on 20.12.2022.
Criminal Procedure Code, 1898 (V of 1898)--
----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(c)--Post arrest bail, grant of--Allegation of--“Charas” weighing 1100 gms were recovered--Recovered quantity of charas was slightly higher than mentioned u/S. 9(b) of CNSA, 1997--It is not yet clear whether police weighed alleged recovery with or without polythene packing material--Report u/S. 173, Cr.P.C. has already been sent to trial Court--Quantity recovered from accused/petitioner, learned trial Court would decide ultimate fate of instant case whether case of petitioner falls within purview of Section 9(b) or 9(c) of Act ibid after recording of evidence--The petitioner is behind bars since his arrest and further incarceration of petitioner in jail would not serve any useful purpose to prosecution--The petitioner was previously non-convict and non-record holder. [Para 4] A & B
Mr. Muhammad Ali Butt, Advocate for Petitioner.
Mr. Mudasir Ali Malik, Deputy Prosecutor General for State.
Date of hearing: 20.12.2022.
Order
Petitioner, Muhammad Sajjad, having failed to get post arrest bail in case FIR No. 510 dated 15.11.2022 registered under Section 9 (c) of the Control of Narcotic/Substances Act, 1997 at Police Station Saddar Dera Ghazi Khan from Court of learned Judge Model Criminal Court/Addl. Sessions Judge, Dera Ghazi Khan vide order dated 28.11.2022, has prayed the same relief through the instant petition.
2. Allegation against the petitioner is that “Charas” weighing 1100 grams was recovered from his possession.
3. Arguments heard. Record perused.
4. Though the petitioner was arrested red handed but the quantity allegedly recovered from his possession is 1100 grams of “Charas” which quantity is slightly higher in weight than mentioned under Section 9 (b), of the Control of Narcotic Substances, Act, 1997 and possibility of weighing the packing material with the narcotic would not be ruled out. There is force in the argument of the learned counsel-for the petitioner that it is not yet clear whether the police weighed the alleged recovery with or without polythene packing material. Report u/S. 173, Cr.P.C. has already been sent to the learned trial Court on 17.11.2022. So, keeping in view the quantity recovered from the accused/petitioner, the learned trial Court would decide the ultimate fate of the instant case whether the case of the petitioner falls within the purview of Section 9(b) or 9(c) of the Act ibid after recording of evidence. The petitioner is behind the bars since his arrest and further incarceration of the petitioner in the jail would not serve any useful purpose to the prosecution. The petitioner was previously non-convict and non-record holder.
5. Under these circumstances, this petition is allowed, and the petitioner is admitted to post-arrest bail, subject to his furnishing bail bond in the sum of Rs. 2,00,000/-(Rupees two lacs) with one surety in the like amount to the satisfaction of the learned Trial Court.
(A.A.K.) Bail allowed
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