Noshad vs State

2012 P Cr. L J 1901

[Peshawar]

Before Assadullah Khan Chamkani, J

NOSHAD---Petitioner

versus

THE STATE---Respondent.

Criminal Miscellaneous No. 846-P of 2012, decided on 30th July, 2012.

(a)Criminal Procedure Code (V of 1898)---

----S. 497--- Control of Narcotic Substances Act (XXV of 1997), S.9(c)---Possession of narcotic- --Bail, grant of---Quantum of sentence to be considered---Scope---Contention of the accused was that in view of the quantity of substance recovered, he was not likely to be awarded the maximum sentence provided by the statute---Validity---Award of maximum sentence to the accused for possessing four kilograms of charas was doubtful---Court while hearing bail petition was not supposed to keep in mind the maximum sentence provided by the statute but the one which was likely to be entailed by the facts and circumstances of the case, especially, when the ultimate conviction, if any, could repair the wrong caused by the mistaken relief of bail--- Accused was allowed bail, in circumstances.

(b)Control of Narcotic Substances Act (XXV of 1997)---

----S. 9---Possession of narcotic---Sentence---Quantum---Scope---Quantum of sentence had to be commensurate with the quantum of substance recovered.

Mehboob Ali Khan Khalil for Petitioner.

Miss Shazia Naureen for the State.

Date of hearing: 30th July, 2012.

JUDGMENT

ASSADULLAH KHAN CHAMKANI, J.---Petitioner Noshad seeks his release on bail in case F.I.R. No.339 dated 7-6-2012 registered for offence under section 9(c), C.N.S.A. at Police Station Tehkal District Peshawar on the ground that in view of the quantum of substance recovered, he is not likely to be awarded maximum sentence provided by the Statute.

2.As against that learned State counsel while opposing instant petition contended that huge quantum of narcotics has been recovered from personal possession of the petitioner, therefore, on the available record he is not entitled to the concession of bail.

Arguments heard. Record perused.

3.It is settled law that the quantum of sentence has to be commensurate with the quantum of substance recovered, hence this court doubts the petitioner can be awarded maximum sentence for possessing 4 .Kgs. of charas. Needless to say that the court while hearing the petition for bail is not supposed to keep in mind the maximum sentence provided by the Statute but the one, which is likely to be entailed by the facts and circumstances of the case, especially, when the ultimate conviction, if any, can repair the wrong caused by the mistaken relief of bail.

This petition was allowed vide short order of even date and above are reasons for the same.

MWA/261/P Bail granted.