Man held in narcotics case gets bail
By Our Staff Reporter
2025-03-03
LAHORE: The Lahore High Court (LHC) has allowed bail to a man arrested with an alleged recovery of 1,360 grams narcotics.
Harbanspura police registered the FIR against Mian Hammadur Rehman under section 9(3)(c) of the Control of Narcotics Substances Act of 2022.
Petitioner`s counsel Gohar Sarfraz argued that his client is behind bars with no progress in the trial for a considerable period.
He stated that under the relevant section of the offence, the maximum sentence is 14 years but not less than nine years if the quantity of the substance extends from 1,000 to 4,999 grams.
Therefore, he said, the prohibitory clause of Section 497 of CrPC does not apply in the case; for the grant of bail, a lesser sentence has to be considered atthe bail stage.
Justice Chaudhry Sultan Mahmood also observed that the prosecutor has not been able to distinguish the case of the petitioner from the case of an accused released on bail by the Supreme Court, in which the complainant/investigating officer had not made any effort to film the alleged recovery on their mobile phones.
`This conduct of the policing force has created doubt about the involvement of the petitioner in the case,` the judge said, adding that the benefit of doubt can be extended to the petitioner/ accused even atbailstage.
The judge observed that the petitioner is behind bars since his arrest, and further incarceration would not be lucrative to the prosecution. He said nobody can be detained in jail by way of advance punishment.
The judge allowed the bail to the petitioner, subject to furnishing surety bonds of Rs100,000.