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Initializing Secure Chambers
Petitioner: Murad Khan VS Respondent: The State
Court Name: Supreme Court of Pakistan Judge(s): Mushir Alam, Manzoor Ahmad Malik Title: Murad Khan vs The State Case No.: Cr. P. No. 73 of 2016 Date of Judgment:2016-03-14 Reported As: KLR 2020 Supreme Court Cases 414, 2020 P SC (Crl.) 629, 2020 SCMR 431 Result: Bail granted
Judgment ORDER MANZOOR AHMAD MALIK, J.---The petitioner seeks post arrest bail in case FIR No. 1692 dated 26.11.2015, offence under sections 9(b) of the Control of Narcotic Substances Act,. 1997, registered at Police Station Hayatabad, Peshawar . 2. After hearing the learned counsel for the petitioner , learned counsel appearing on behalf of the State and after perusing the available record with their assistance, it has been observed that petitioner was driving a motorcar when he was stopped at a picket and on his pointation, one packet of 600 grams heroin was recovered from the secret cavity of the car, out of which one gram heroin was separated and was sent to the Forensic Science Laboratory for chemical examination. But the report of the Forensic Science Labo ratory is still awaited. Moreover , the case of the petitioner falls within the purview of section 9(b) of the CNSA, wherein maximum punishment is provided as seven years and fine. The petitioner is behind the bars since 26.11.2015. No useful purpose shall be served by putting him behind the bars for an indefinite period. 3. For the foregoing reasons, this petition is converted into appeal and the same is allowed. Consequently , Murad Khan petitioner is allowed bail after arrest (in the cited FIR), subject to his furnishing bail bond in the sum of Rs.100,0000- (Rupees one hundred thousand only), with one surety in the like amount, to the satisfaction of the learned trial Court.
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