Quantitative Forensic Analysis of Drug is Crucial for determining the Severity of Charges and Penalties under the CNSA; Absence of such Evidence render the case within the Ambit of Further Inquiry --- Lahore High Court, Lahore
Islamabad 21-11-2024: The Lahore High Court has granted post-arrest bail to Habib-ur-Rehman in a high-profile narcotics case, citing insufficient forensic evidence and invoking the principle of “further inquiry” under Section 497(2) of the Criminal Procedure Code (Cr.P.C.).
The petitioner was arrested in connection with [FIR No. 52/2024], registered under Sections 9(2)-9 of the Control of Narcotic Substances Act (CNSA), 1997, at Police Station A.N.F., Lahore. The case revolved around allegations of smuggling methamphetamine (Ice) concealed in fabric items weighing 12 kilograms and booked for international shipment.
During the investigation, the Punjab Forensic Science Agency (PFSA) confirmed the presence of methamphetamine in four out of twelve recovered clothing items. However, the agency failed to conduct a quantitative analysis of the substance due to the lack of separation facilities, leaving the exact quantity undetermined.
The Court noted that quantitative analysis is crucial for determining the severity of charges and penalties under the CNSA. The absence of such evidence rendered the case inconclusive, making it fall within the ambit of “further inquiry” under Section 497(2) Cr.P.C.
Mr. Justice Ali Zia Bajwa highlighted that:
- The prosecution’s failure to determine the precise quantity of the narcotic substance weakened its case.
- Detaining the petitioner indefinitely without conclusive evidence would serve no meaningful purpose, particularly as his presence was no longer required for further investigation.
The Court granted post-arrest bail to the petitioner, requiring him to furnish a bail bond of Rs. 200,000 along with one surety. The Court also imposed conditions, warning that any misuse of the bail concession could result in its cancellation.
This judgment underscores the importance of robust forensic evidence in narcotics cases. It also reaffirms the legal principle that pre-trial detention must be proportionate and justified, particularly when evidence is incomplete.
The Court referenced established case law, emphasizing that gaps in evidence and the principle of “further inquiry” favor bail under Section 497 Cr.P.C. Key rulings, such as Muhammad Tanveer Vs. The State and Asfandyar Khan Vs. The State, were invoked to support the decision.
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