2021 PLP 1674 (MLD)
MUHAMMAD JAHANGIR KHAN — Petitioner Versus The STATE — Respondent
| Citation | 2021 PLP 1674 (MLD) |
| Forum / Court | Lahore (Rawalpindi Bench) |
| Bench Members | N/A |
| Parties | MUHAMMAD JAHANGIR KHAN — Petitioner Versus The STATE — Respondent |
| Primary Law | Control of Narcotic Substances Act (XXV of 1997) |
Q1: What are the key laws and sections cited in 2021 PLP 1674 (MLD)?
This judgment primarily cites: Control of Narcotic Substances Act (XXV of 1997) as referenced in Pakistani case law index.
Q2: Which judicial bench decided the case 2021 PLP 1674 (MLD)?
The case was heard and decided by the Lahore (Rawalpindi Bench) bench comprising: N/A.
Q3: What is the official citation format for this judgment on Pakistan Law Portal?
Cite this legal precedent as: 2021 PLP 1674 (MLD) (MUHAMMAD JAHANGIR KHAN — Petitioner Versus The STATE — Respondent). Read the full summary and cross-referenced laws free on Pakistan Law Portal.
Laws Cited
Representation
- Rai Muhammad Mohsin Bashir for Petitioner.
Headnotes / Summary
Ss.9 & 51(2)
Criminal Procedure Code (V of 1898), Ss.497
Possession of narcotic substances / drugs
Recovery of narcotic substance from accused
Borderline cases where quantum of recovered narcotic exceeds threshold by meagre amount
Accused sought bail in case where accused had been charged under S.9(c) of Control of Narcotic Substances Act, 1997
Alleged recovery of 1170 grams of charas from accused only exceeded one kilogram by 170 grams, which put case of accused within ambit of a borderline case under S.9 of Control of Narcotic Substances Act, 1997
Extent to which accused committed alleged offence under S.9(c) of the Act was to be seen by Trial Court after recording of evidence and accused was not required for any further investigation, and thus case was one of further inquiry within meaning of S.51(2) of Control of Narcotic Substances Act, 1997
Judgment & Decree
MUHAMMAD AMEER BHATTI, CJ.
Through the instant petition, the petitioner-Muhammad Jahangir Khan seeks his post-arrest bail in a case arising out of FIR No.318, dated 06.07.2021, registered at Police Station R.A. Bazar, Rawalpindi, under Section 9(c), Control of Narcotic Substances Act, 1997.
2. The allegation against the petitioner is that on secret information of an agent, when he was checked, he was found in possession of 1170 grams of Charas.
3. Arguments heard. Record perused.
4. The petitioner is behind the bars since his arrest. As per FIR, 1170 grams of Chars was allegedly recovered from his possession and 170 grams exceeds the quantity of one kilogram. Apparently, a meagre quantity of Charas i.e. 170 grams has brought the case of petitioner within the ambit of Section 9(c) of CNSA, 1997, so it becomes a borderline case between subsections (b) and (c). In Saeed Ahmed v. State through P.G. Punjab and another (PLJ 2018 SC 812), in similar circumstances, the Hon'ble Supreme Court held as under:- "The record reveals that the petitioner has been found in possession of 1350 grams of charas. Since the substance recovered marginally exceeds 1 k.g. we doubt petitioner could be awarded maximum sentence provided by the statute." In a case reported as, Aya Khan and another v. The State (2020 SCMR 350), it was held that, "no where it is stated that whether it was net or gross weight of the narcotics and in this eventuality it becomes a border line case between subsections (b) and (c) of section 9, C.N.S.A., 1997".
5. In view of the above, the petitioner committed an offence under section 9(c) of CNSA, 1997, to what extent, is to be seen by the learned trial Court after recording the evidence. The petitioner is not required for further investigation. Finding it a case of further inquiry within the ambit of Section 51(2) of CNSA, this petition is accepted and the petitioner is admitted to post-arrest bail subject to his furnishing bail bonds in the sum of Rs.50,000/- with one surety in the like amount to the satisfaction of the learned trial Court. KMZ/M-141/L Petition allowed.