Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotic Substances Act, 1997

Section: XXV,9

Criminal Procedure Code (V of 1898)-------S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9 [as substituted vide Control of Narcotic Substances (Amendment) Act, 2022]---Possession of 1080 grams of heroin---Post-arrest bail, grant of---Bail stage---Lesser punishment of sentence to be considered---Boarder-line case---Control of Narcotic Substances Act, 1997, had been amended through the Control of Narcotic Substances (Amendment) Act, 2022 ('the 2022 Amendment') whereby S. 9 had been amended; which amendment laid down separate sentences for the recovery of each kind of narcotic substance---While deciding a bail application, lesser punishment of sentence was to be taken into consideration---In the present case, as per recovery memo, the heroin wrapped in blue colour shopping bag was recovered which on weighing was found to be 1080 grams----According to prosecution's own version, the contraband was wrapped in blue colour shopping bag but it was nowhere mentioned, either in the recovery memo or in the complaint, that the contraband was weighed without wrapping material---Said aspect warranted further probe as to whether the quantity allegedly recovered from the possession of the petitioner/accused attracted S.9 of Control of Narcotic Substances Act, 1997, as amended by the 2022 Amendment---Record (Docket) revealed that the sample parcel was sent to office of NFSA, Islamabad, after about three days of the contraband allegedly having been recovered from the petitioner/accused, but the report of the Chemical Examiner was still awaited---Case of the petitioner/accused, by not exceeding the limit between 900 to 1500 grams, was on boarder-line between clauses (b) and (c) of S.9 of the Control of Narcotic Substances Act, 1997--Petitioner was neither a previous convict nor retained any criminal record and was a first time offender---Investigation had already been completed and his further incarnation would serve no useful purpose---Petitioner had made out his case for grant of post-arrest bail.Aya Khan and another v. The State 2020 SCMR 350; Saeed Ahmed v. The State and others PLJ 2018 SC 812 and Naimatullah and another v. The State 2017 MLD 1097 ref.ORDERARBAB…