Barkat ullah vs State S — 2025 PCrLJ 994 ISLAMABAD

Case information

Citation: 2025 PCrLJ 994 ISLAMABAD
Court: Islamabad High Court
Year: 2025
Reporter: PCRLJ
Parties: Barkat ullah vs State S
Subject matter: Criminal
Provisions referred to: S. 497---C; S. 51; S. 497; S. 9; Narcotic Substances Act (XXV of 1997); Narcotic Substances 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

Barkat ullah VS State S.497---Control of Narcotic Substances Act (XXV of 1997), S. 51(1)---Recovery of narcotic substance--- Bail--- Principle--- Term "border line case"--- Applicability--- Case not falling in prohibitory clause of S.497(1) Cr.P.C.--- Accused was alleged to have possessed 542 grams of heroin, who raised the plea that his case did not fall within the prohibitory clause of S.497 (1) Cr.P.C.--- Validity--- Bail in criminal cases registered under Control of Narcotic Substances Act, 1997 has to be decided in light of S.51(1) of Control of Narcotic Substances Act, 1997 read with S.497 Cr.P.C.--- If a provision of Control of Narcotic Substances Act, 1997 provides for maximum punishment of ten years and more, it attracts the prohibitory clause of S.497(1) Cr.P.C.--- Applicability of term "borderline case" was developed in the context of erstwhile provisions of S.9(c) of Control of Narcotic Substances Act, 1997--- This amounts to anticipating possible period of conviction at bail stage, which exercise is not permissible while making tentative assessment of a criminal case at bail stage--- Court is not barred in adjudicating a bail petition to decide the same in light of peculiar facts and circumstances of a particular case--- Full Bench of High Court directed accused to approach Trial Court of competent jurisdiction as the matter had already been transferred to a Court falling in the jurisdiction of another High Court--- Application was disposed of accordingly.

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