PLJ 2024 Cr.C. (Note) 121
[Lahore High Court, Multan Bench]
Present: Anwaarl-ul-Haq Pannun, J.
GHULAM MURTAZA alias MIRACHI--Petitioner
versus
STATE, etc.--Respondents
Crl. Misc. No. 8961-B of 2023, decided on 23.1.2024.
Criminal Procedure Code, 1898 (V Of 1898)--
----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(1)(3)(c)--Possession of 1500-grams charas--No prohibitory clause--Post arrest bail--Grant of--1500 grams Charas was allegedly recovered from his possession--The maximum sentence provided is 14 years but shall not less than nine years if quantity of charas extends from 1000 grams to 4999 grams, thus does not attract the prohibitory clause of Section 497, Cr.P.C. because for grant of bail, lesser sentence is to be considered at bail stage--Prosecutor has not been able to distinguish the case of the petitioner from the case of accused who had been granted bail by Hon’ble Supreme Court of Pakistan vide order rendered in Criminal Petition No.1192 of 2023 titled as “Zahid Sarfraz Gill vs. The State”--Petition in hand is allowed. [Para 4] A & B
2012 SCMR 573; 2020 P.Cr.LJ 657 ref.
Malik Aamer Manzoor Awan, Advocate for Petitioner.
Mr. Muhammad Abdul Wadood, Addl. P.G for State.
Date of hearing: 23.1.2024.
Order
By means of instant petition, the petitioner has prayed for his release by way of grant of post-arrest bail in a case registered vide FIR No. 1119, dated 11.09.2023, offence under Section 9 (1)3(c) of the Control of Narcotic Substances Act, 1997, Amended 2022 (herein after to be called as C.N.S Amendment Act, 2022), with Police Station Yousaf Wala, District Sahiwal.
2. Precisely the allegation against the petitioner is that on the aforesaid date, he was captured by the police contingents and on his personal search, 1500 grams Charas was allegedly recovered from his possession which was wrapped in a polythene shopping bag.
3. Heard. Record perused.
4. Under Section 9(1)3(c) C.N.S Amendment Act, 2022, the maximum sentence provided is 14 years but shall not less than nine years if quantity of charas extends from 1000 grams to 4999 grams, thus does not attract the prohibitory clause of Section 497, Cr.P.C. because for grant of bail, lesser sentence is to be considered at bail stage. Reliance in this regard is placed upon “Jamal-ud-Din alias Zubair Khan versus The State” (2012 S CMR 573), “Arshad Nadeem and 2 others versus The State and another” [2020 P.Cr.L.J 657 (Lahore Multan Bench)]. Moreover, the learned Prosecutor has not been able to distinguish the case of the petitioner from the case of accused who had been granted bail by Hon’ble Supreme Court of Pakistan vide order dated 22.11.2023 rendered in Criminal Petition No. 1192 of 2023 titled as “Zahid Sarfraz Gill vs. The State”. From whom 1833 grams Charas was recovered. The petitioner is behind the bars since his arrest and his further incarceration would not be lucrative to the prosecution. His culpability would be determined by learned trial Court, after recording prosecution’s evidence. Resultantly, the petition in hand is allowed subject to furnishing bail bonds by the petitioner in the sum of
Rs. 100,000/-(rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court and he is admitted post arrest bail. The above observations are tentative in nature and would not be taken as conclusive.
(K.Q.B.) Petition allowed
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