Bail granted in 9c 1420 grams charas case on ground , delay in sending samples in labortary

**IN THE SUPREME COURT OF PAKISTAN**

(Appellate Jurisdiction)

**Bench:**

Mr. Justice Jamal Khan Mandokhail

Mr. Justice Syed Hasan Azhar Rizvi

Ms. Justice Musarrat Hilali

**Criminal Petition No.1241-L of 2023**

(Against the order dated 20.10.2023 of the Lahore High Court, Lahore passed in Cr.Misc. No.62731-B of 2023)

**Sagheer Ahmed**

...Petitioner(s)

**Versus**

**The State and another**

…Respondent(s)

**For the petitioner:**

Mr. Akhtar Nawaz Raja, ASC (via video link Lahore)

**For the State:**

Mr. Irfan Zia, D.P.G.

Muhammad Mushtaq, S.I.

**Date of hearing:**

13.03.2024

**ORDER**

**Syed Hasan Azhar Rizvi, J.** - The petitioner challenges the order of the Lahore High Court dated 20.10.2023, which denied his bail application in FIR No. 6996/23 dated 06.08.2023 under Section 9(1)(3)(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station, Kahna, Lahore.

**Facts:** On 06.08.2023, the petitioner was intercepted at Kachawa Graveyard and found with 1420 grams of charas.

**Arguments:**

- **Petitioner’s Counsel:** Claims the petitioner was falsely implicated and that the delay of over a month in sending the narcotic sample to the Forensic Science Laboratory undermines the prosecution's case. Argues that the Lahore High Court did not properly evaluate the record, resulting in a miscarriage of justice.

- **State's Counsel:** Argues that the petitioner was directly named in the FIR and significant narcotics were recovered from him, thus he does not deserve leniency.

**Analysis:**

The FIR was registered on 06.08.2023, and the petitioner was arrested the same day. The Forensic Science Laboratory received the narcotic sample on 08.09.2023, after a delay of over a month. Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001, stipulates that samples should be sent within 72 hours of seizure. There is no record of the custody of the narcotics during this period. Such delays raise questions about the safe custody of evidence and merit further inquiry.

**Conclusion:** The petitioner has been in custody since his arrest, and the trial has not yet concluded. Considering the maximum sentence for the offense is 14 years and does not attract Section 51 of the Act of 1997, the right to liberty should be preserved unless guilt is clear beyond doubt.

**Decision:** The petition is converted into an appeal and is allowed. The petitioner is granted bail on furnishing bonds of Rs.100,000/- with one surety of the same amount, to the satisfaction of the trial court. The petitioner is to be released if not detained in any other case.

**Note:** The observations are tentative and the trial court is to decide the case on its merits, unaffected by this order.

**Judge**

**Islamabad, the 13th April, 2024**

IN THE SUPREME COURT OF PAKISTAN

(Appellate Jurisdiction)

Bench:

Mr. Justice Jamal Khan Mandokhail

Mr. Justice Syed Hasan Azhar Rizvi

Ms. Justice Musarrat Hilali

Criminal Petition No.1241-L of 2023

(Against the order dated 20.10.2023 of the Lahore High Court

Lahore passed in Cr.Misc. No.62731-B of 2023)

Sagheer Ahmed

...Petitioner(s)

Versus

The State and another

…Respondent(s)

For the petitioner:

Mr. Akhtar Nawaz Raja, ASC

(via video link Lahore)

For the State:

Mr. Irfan Zia, D.P.G.

Muhammad Mushtaq, S.I.

Date of hearing:

13.03.2024

ORDER

Syed Hasan Azhar Rizvi, J.- The petitioner has invoked

the jurisdiction of this Court under Article 185(3) of the Constitution

of the Islamic Republic of Pakistan, 1973, calling in question the

order of the Lahore High Court, Lahore, dated 20.10.2023 whereby

his application for bail after arrest in FIR No. 6996/23 dated

06.08.2023 for the offense under Section 9(1)(3)(c) of the Control of

Narcotic Substances Act, 1997 (“Act of 1997”) registered at Police

Station, Kahna, Lahore, was dismissed.

The brief facts of the case are that on 06.08.2023 at

about 01:55 a.m. the petitioner was intercepted by the Complainant

and other police contingents at Kachawa Graveyard and was found

carrying charas weighing 1420 grams; hence this case.

Cr. P. No. 1241-L of 2023 - 2 -

At the very outset, it has been argued by the learned

counsel for the petitioner that the petitioner has been falsely roped

in the present case against the facts and circumstances. He

contends that there is a delay of more than one month in sending

the case property to the Forensic Science Laboratory for analysis,

which raises serious questions regarding the safe custody as well as

the transportation of the case property and creates doubts in the

story of the prosecution. Lastly contends that the learned High

Court has not properly evaluated the material available on the

record, therefore, by declining bail to the petitioner grave

miscarriage of justice has been done.

On the other hand, the learned Law Officer argued that

the petitioner is specifically nominated in the FIR and from his

possession a considerable quantity of narcotics has been recovered,

therefore, he does not deserve any leniency from this Court.

We have heard learned counsel for the parties at some

length and have perused the material available on the record.

The record shows that FIR was registered on

06.08.2023 and the accused was arrested on the same day. While,

as per the report of the Punjab Forensic Science Agency dated

27.10.2023, the sample of the charras was received by Forensic

Science Laboratory on 08.09.2023, after a delay of more than a

month. The provisions relating to the sending of samples to the

forensic Science Laboratory are provided in Rule 4(2) of Control of

Narcotic Substances (Government Analysts) Rules, 2001, which

provides that the samples may be dispatched for analysis under

cover of Test Memorandum specified in Form-I at the earliest, but

not later than seventy-two hours of the seizure. There is nothing on

Cr. P. No. 1241-L of 2023 - 3 -

record to show to whom the alleged recovered narcotics were

handed over at the police station for safe custody during that

period. The fact of the safe custody of the recovered narcotic

substance is to be established or proved by the prosecution during

the trial; however, the above-noted unreasonable delay of more than

one month could be considered at the time of deciding the bail,

which makes the case of the petitioner one of further inquiry.

The accused is behind the bars since his arrest and the

trial has not concluded so far, even after a considerable period has

elapsed. Moreover, the maximum sentence for the alleged offence is

fourteen years, and as such, it does not attract the bar of Section

51 of Act of 1997. The liberty of a person is a precious right

guaranteed under the Constitution of the Islamic Republic of

Pakistan, 1973. The denial of this right should only occur when

guilt is established without a second thought.

Keeping in view the facts and circumstances narrated

above and the quantity of recovered narcotic substance and seeking

guidance from the cases titled Saeed Ahmed v. State through P.G.

Punjab and another (PLJ 2018 SC 812) and Abbas Raza v. The

State (2020 SCMR 1859), this petition is converted into an appeal

and the same is allowed. The petitioner is allowed bail after arrest

subject to his furnishing bail bonds in the sum of Rs.100,000/-

(Rupees one hundred thousand only), with one surety in the like

amount, to the satisfaction of the learned trial Court. He shall be

released forthwith, if not required to be detained in any other

case.

Before parting, it is clarified that the observations made

hereinabove are tentative in nature and the Trial Court shall be free

Cr. P. No. 1241-L of 2023 - 4 -

to decide the case, on merits, without being influenced in any

manner from the same, strictly in accordance with law. Above are

the reasons of our short order of even date.

Judge

Islamabad, the

13th April, 2024

Approved for rep

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