2023 P Cr. L J Note 33
[Balochistan]
Before Naeem Akhtar Afghan and Rozi Khan Barrech, JJ
ASIF ---Applicant
Versus
The STATE--- Respondent
Criminal Bail Application No. 84 of 2020, decided on 22nd June, 2020.
Criminal Procedure Code (V of 1898) ---
----S. 497 ---Control of Narcotic Substances Act (XXV of 1997), Ss. 9(c) & 51--- Possession
of narcotics ---Bail was not to be granted in respect of certain offences ---Bail, refusal of ---
Scope ---Accused was alleged to have been found in possession of 4 kilograms of opium ---
Accused was apprehended red -handed while in possession of 4 kilograms of contraband---
Offence for which the accused was charged fell under S. 9(c) of Control of Narcotic
Substances Act, 1997--- Offences punishable under Control of Narcotics Substances Act,
1997, were heinous in nature and considered to be offences against the society at large and it was for such reason that statute itself had provided a note of caution under S. 51 of the Control of Narcotics Substances Act, 1997, before enlarging an accused on bail in the
ordinary course ---Accused was not entitled for grant of bail ---Petition for grant of bail was
dismissed, in circumstances.
Zahoor Ahmed Baloch for Applicant.
Abdul Latif Kakar, Additional Prosecutor General for the State.
Date of hearing: 17th June, 2020.
ORDER
ROZI KHAN BARRECH, J. ---Through this application the applicant/accused
namely Asif son of Hasil Khan seeks post -arrest bail in FIR No. 340 of 2019 registered at
Hub City District Lasbela under section 9(c) of the Control of Narcotic Substances Act, 1997 (hereinafter "the CNS Act 1997"), which was declined to him by learned Special Judge Control of Narcotic Substances/Additional Sessions Judge -II, Hub (hereinafter "the trial
court").
2. Succinctly, facts of the case are that on 9th December 2019 at 11:10 p.m. the
aforesaid FIR was registered on the complaint of one SI Qazi Muhammad Aslam with the allegation that on same day at 09:50 p.m. he along with other police personnel were
patrolling; that when they reached near Ameer Abad, a person having a black shopper in his
right hand was standing in a suspicious condition who while seeing the police tried to escape but was apprehended; that from the said shopper 4 pieces of opium weighing 4 kgs were recovered. Thus, the aforesaid FIR was lodged.
3. We have heard the learned counsel for the parties and perused the available record. It
may be observed that the applicant was apprehended red- handed, while in possession of 4
kilograms of contraband. The offence, for which the applicant/accused has been charged, falls under section 9(c) of the Act, as the quantity of opium recovered from the applicant/accused is more than four kilograms. It is pertinent to mention here that offences punishable under the CNS Act, 1997 are heinous in nature and considered to be offences against the society at large, and it is for such reason that the statute itself has provided a note of caution under section 51 of the CNS Act, 1997 before enlarging an accused on bail in the ordinary course, when we refer to the standards set out under section 497, Cr.P.C. for grant of bail to an accused involved in an offence under section 9(c) of CNS Act, 1997. Needless to mention here that a person accused of spreading a deadly poison i.e. the narcotics, in any society is not the kind of person who qualifies for the grant of any discretionary relief unless such a person could demonstrate that he was entitled to the grant of bail in view of the principles contained in section 497(2), Cr.P.C.
4. For whatever has been mentioned above, we have reached at the irresistible
conclusion that the applicant/accused is not entitled for grant of bail. Consequently, the bail application is dismissed.
Before parting, it needs not to make clarification that the observations recorded above
are tentative in nature, therefore, the trial Court shall not be influenced in any manner whatsoever.
SA/135/Bal. Bail declined.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
let us know.