-Post arrest bail--Dismissal of Charas was recovered--Petitioner was nominated in FIR--Tentative assessment--Witnesses have.....................

 PLJ 2024 Cr.C. (Note) 242
[Lahore High Court, Lahore]
Present: Ali Zia Bajwa, J.
GHULAM NABI--Petitioner
versus
STATE and another--Respondent
Crl. Misc. No. 36573-B of 2024, decided on 3.7.2024.

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

----S. 497--Control of Narcotic Substances Act, (XXV of 1997), S. 9(1)3-C--Post arrest bail--Dismissal of Charas was recovered--Petitioner was nominated in FIR--Tentative assessment--Witnesses have fully implicated petitioner in their statements recorded A under Section 161, Cr.P.C.-- Sufficient incriminating material is available on record, which prima facie connects petitioner with commission of alleged offence--At bail stage, Court has to make only tentative assessment, whereas deeper appreciation of evidence is not permissible--Petition dismissed.      [Para 4] A & B

Mr. Shahid Rafique Mayo, Advocate for Petitioner.

Hafiz Asghar Ali, DPG for the State.

Date of hearing: 3.7.2024.

Order

Through the instant petition filed under Section 497, Cr.P.C., the petitioner seeks his release on post-arrest bail in case FIR No. 8676/2023, dated 19.11.2023, registered with Police Station Nishtar Colony, District Lahore under Section 9(1) 3-C of the Control of Narcotic Substances Act, 1997 (“CNSA, 1997”).

2. As per contents of the crime report, on 19.11.2023, the petitioner was apprehended by the police officials and at that time, from his possession contraband charas weighing 1400-grams was recovered. Hence, this case.

3. Arguments heard. Record perused.

4. The petitioner is well nominated in the FIR. Huge quantity of charas weighing 1400-grams was allegedly recovered from the possession of the petitioner. The witnesses have fully implicated the petitioner in their statements recorded under Section 161, Cr.P.C. The report of Narcotics Analyst reflects that the sample transmitted to PFSA contains “Charas”. Sufficient incriminating material is available on the record, which prima facie connects the petitioner with the commission of the alleged offence. At bail stage, the Court has to make only tentative assessment, whereas deeper appreciation of evidence is not permissible. In this regard, reliance can be placed on the case law titled “Noor Khan versus The State” (2021 SCMR 1212). For ready reference, relevant extract of referred dicta has been reproduced herein below:

“Red-handed with seizure of considerable quantity of the contraband squarely brings petitioner’s case within the remit of Prohibition, contemplated by Section 51 of the Control of Varune Substances Act, 1997 his claim of false implication is an issue that cannot be attended without going beyond the barriers of tentative assessment, an exercise prohibited by law.”

The offence, with which the petitioner has been charged, falls within the ambit of prohibitor clause of Section 497(1), Cr.P.C.

5. For what has been discussed above, the instant bail petition being devoid of any force is dismissed. Learned trial Court is directed to conclude the trial of this case expeditiously, subject to the co-operation of the petitioner.

(J.K.)   Petition dismissed