Muhammad Ismail vs State S — 2025 MLD 778 QUETTA-HIGH-COURT-BALOCHISTAN

Case information

Citation: 2025 MLD 778 QUETTA-HIGH-COURT-BALOCHISTAN
Court: Balochistan High Court
Year: 2025
Reporter: MLD
Parties: Muhammad Ismail vs State S
Subject matter: Criminal
Provisions referred to: S. 497; S. 9; Narcotic Substances Act (XXV of 1997); Narcotic Substances Act; Amended Act

Fields are extracted from the reported citation and judgment text. Where a detail is not stated in the record, it is not shown.

Judgment text as reported

Muhammad Ismail VS State S.497(2)---Control of Narcotic Substances Act (XXV of 1997) [as amended by the Control of Narcotic Substances (Amendment) Act, 2022], Ss. 9(1)(3)(b) & 9(1)(3)(c)---Possession of narcotic substances ---Post arrest bail, grant of---Recovery of baked charas, rapped in polythene bag weighing 1200 grams---Prosecution failed to show that if the polythene bag of charas was separated than what would be the net weight of the charas, thus, the case was one of further inquiry in order to ascertain that it fells within the ambit of S.9(1)(3)(b) or S.9(1)(3)(c) of the Control of Narcotic Substances Act, 1997, [as amended by the Control of Narcotic Substances (Amendment) Act, 2022] (Amended Act) for determining the quantum of punishment---It was a border line case between Ss.9(1)(3)(b) & 9(1)(3)(c) of the Amended Act---Section 9(1)(3)(b) did not fall under the prohibitory clause of S.497, Cr.P.C., which entitled the applicant for the concession of bail on the principle that in the offences of non-prohibitory clause grant of bail is a rule, whilst its refusal is an exception---Bail was allowed, in circumstances.

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