2022 Y L R 2413
[Balochistan]
Before Rozi Khan Barrech and Muhammad Aamir Nawaz Rana, JJ
GHULAM QADIR ---Applicant
Versus
The STATE ---Respondent
Criminal Bail Application No. 80 of 2022, decided on 28th July, 2022.
Criminal Procedure Code (V of 1898) ---
----S. 497 --- Control of Narcotic Substances Act (XXV of 1997), S. 9(c) ---Possession of
narcotics ---Bail, grant of ---Failure to prepare parcel on the spot ---Effect ---Accused was
alleged to have been found in possession of 1130 grams of charas ---No parcel w as prepared
at the spot ---First Information Report was also silent about the fact whether any sample was
obtained from the allegedly recovered narcotics ---Such omission on the part of complainant
had created doubt about the prosecution story, benefit where of was available to the accused
even at bail stage ---Accused had made out a case of further inquiry under S. 497(2), Cr.P.C. --
-Accused was admitted to post -arrest bail.
Ihtisham Ali Cheema v. The State 2022 SCMR 624 rel.
Talat Waheed for Applicant.
Abdu l Kareem Malghani, State Counsel.
Date of hearing: 22nd July, 2022.
ORDER
MUHAMMAD AAMIR NAWAZ RANA, J. ---Through this application, the
applicant Ghulam Qadir son of Ali Muhammad has applied for post -arrest bail in the case
FIR No.52/2022 under section 9 (c) of the Control of Narcotic Substances Act, 1997
(hereinafter "CNS Act") lodged at Police Station Saddar Uthal District Lasbela on
13.06.2022 by the complainant SI/SHO Muhammad Amin Sasoli of Police Station Saddar
Uthal.
2. The perusal of aforesaid FIR reveals that on spy information, to the effect that the
applicant, being involved in business of selling narcotic substance was arrested and on his
personal search cannabis (Charas) was recovered; on weighing, the same was found 1130
grams.
3. The applican t had applied for bail after arrest before the trial Court i.e. Special Judge
CNS/Additional Sessions Judge, Uthal which had been rejected vide order dated 23.06.2022.
4. Learned counsel for the applicant vehemently contended that the applicant has falsely
been involved in the instant case; that there is no previous criminal record of the applicant
regarding any criminal activity. Apart from that learned counsel stated that since
investigation has been completed and the applicant has been shifted to Central Jail Gaddani
and is not required for further investigation, therefore the applicant is entitled for concession
of grant of bail.
5. On contrary, learned State counsel strongly opposed the bail application and
submitted that since the applicant has been ca ught red -handed on spot having exclusive
possession of narcotic substance (Charas), therefore the applicant is not entitled for
concession of grant of bail.
Heard the learned counsel for the applicant as well as learned State counsel and
perused the avail able record.
6. As per contents of FIR, allegedly the applicant was arrested from Abdullah Stop
Utahl and narcotics (Charas) weighing 1130 grams was recovered from him but surprisingly,
no parcel was prepared at the spot and the FIR is also silent about th e fact that whether any
sample was obtained from the alleged recovered narcotics (Charas), or not?
The said omission on the part of the complainant creates doubt upon the prosecution
story, event at bail stage, if any doubt is observed; the benefit whereof should be given to the
accused.
In the above regard, while dealing with the question of benefit of doubt at bail stage,
the Hon'ble Supreme Court of Pakistan in the case titled as "Ihtisham Ali Cheema v. The
State1(1)" has held as under:
"------ . It is established principle of law that the benefit of doubt can even be extended at
bail stage. -----".
7. Considering the contents of FIR, in which no proceedings regarding preparation of
parcel or obtaining samples are mentioned, without further dilating upon the merits of the
case, we are of the considered view that the case of further inquiry under section 497(2),
Cr.P.C has been made out in favour of the applicant.
In view of the above factual and legal position, the applicant Ghulam Qadir son of Ali
Muhammad is admitted to post -arrest bail in case FIR No.52/2022 under section 9(c) of CNS
Act lodged with Police Station Saddar Uthal District Lasbela subject to furnishing surety in
the sum of Rs.200,000/ - (Rupees two hundred thousand only) with P.R bond of the like
amount to the satisfaction of Additional Registrar of this Court.
The observations made herein -above are tentative in nature and same shall not
influence merits of the case pending before trial Court in any manner.
SA/122/Bal. Bail granted.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,
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