Petitioner (Rana Abbas) seeks his post-arrest bail in a criminal case vide FIR No.318 dated 03.07.2015 registered at Police Station Millat Park, Lahore for the commission of offence under section 9(c) of the Control of Narcotic Substances Act, 1997.
2. Contents of the FIR reveal that the petitioner was apprehended at the spot and from his possession 1650 grams Charas along with sale proceed amounting to Rs.5000/- was recovered.
3. Learned counsel for the petitioner strenuously argued that facts and circumstances leading to the alleged recovery from the person of the petitioner are, ex facie, incredulous being suspicious and that the so called complainant of the FIR being an ASI was incompetent and ineligible either to investigate the case or to have prepared the recovery memo, hence, valid grounds for bail have been made out.
4. The learned Addl.PG strongly opposes the grant of bail to the petitioner .
5. We have heard the learned counsels for the parties at length and perused available record. The petitioner was apprehended red handed along with the contraband narcotic and sale procee d. Prima facie, straightforward narration of the incident has been incorporated in the FIR. There is not an iota of evidence to indicate any ill will or grudge, and in absence of any malice, motive or bad blood on the part of the police, it can safely be presumed that search operation was carried out in the manner as stated in the FIR. Be that it may, it is not the case of the learned counsel that police party had substituted the petitioner with the real accused and that the recovery of contraband narcotic has been planted upon him.
6. Insignificant procedural irregularities and minor lapses being negligible and curable do not reflect on the bona fides of the police. More particularly , when the presence and participation of the petitioner and the factum of recovery stands established beyond shadow of doubt. We are of the considered view that the proceedings conducted by the ASI in violation of the provisions of sections 21 and 22 of the Control of Narcotic Substances Act, 1997 would not at all vitiate the trial. At the most such an irregularity is curable under section 537, Cr.P.C. While holding so, we are fortified by the dictum of law enunciated by the Honorable Supreme Court of Pakistan in the case reported as ( 2003 SCMR 1237 ) Muhammad Hanif v . The State.
7. The assertion of the learned counsel for the petitioner with reference to the alleged violation of section 103, Cr.P.C, seems to be erroneous and misconceived as under section 25 of the Control of ' Narcotic Substances Act, 1997, section 103, Cr.P.C. Has been excluded. Reliance is placed on (2001 SCMR 36) Fida Jan v. The State and (2008 SCMR 1254 ) Zafar v . The State.
8. The question of delay as pointed out by the learned counsel for the petitioner in sending the samples to the office of Chemical Examiner , in our view would hardly effect and vitiate the sanctity of the recovery proceedings. Reliance is respectfully placed on the case reported as (PLD 2009 Supreme Court 39) Tariq Mehmood v. The State through Deputy Attorney-General, Peshawar .
9. Prima facie, sufficient incriminating evidence/material exists on record to show the presence and connectivity of the petitioner with the alleged crime. According to police, the petitioner is also involved in yet another criminal case of similar nature. Obviously , the offence with which the petitioner stands charged being heinous in its nature squarely falls within the four corners of the prohibition as contemplated by section 51 of the Control of Narcotic Substances Act, 1997.
10. For the foregoing facts and reasons, we find that no case for the exercise of discretion in favor of the petitioner is made out. And consequently , the captioned petition being devoid of any merit is accordingly dismissed. It is clarified that the observations enumerated ibid are absolutely tentative in nature and restricted only to the extent of this particular petition having no nexus and relevance with the trial, which shall be concluded quite independently and purely on merit.