The Supreme Court of Pakistan, in the case of Sagheer Ahmed v. The State (2024 SCMR 913), granted bail to the petitioner who was accused of possessing 1420 grams of charas under the Control of Narcotic Substances Act, 1997. The Court focused on several key points while allowing the bail petition:

1. Delay in Forensic Testing: The Court noted a significant delay of over one month in sending the seized narcotics to the Forensic Science Laboratory, which raised doubts about the safe custody of the samples during that period. Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001 mandates that samples must be sent for testing within 72 hours of seizure. The prosecution failed to explain this delay, which created grounds for further inquiry.
2. Safe Custody Not Established: There was no record indicating to whom the recovered narcotics were handed over at the police station for safekeeping, further weakening the prosecution’s case. The safe custody of seized substances is a crucial element that must be proven during the trial.
3. Right to Liberty: The Court emphasized that personal liberty is a fundamental right guaranteed by the Constitution of Pakistan. The accused had been incarcerated since his arrest without significant progress in the trial, and the maximum sentence for the alleged offense was 14 years, which did not attract the bar under Section 51 of the Act.

Citing precedents, such as Saeed Ahmed v. State (PLJ 2018 SC 812) and Abbas Raza v. The State (2020 SCMR 1859), the Court converted the petition into an appeal, granted bail, and ordered the petitioner’s release upon furnishing bail bonds of Rs. 100,000/-.

The decision underscores the importance of timely forensic testing and proper handling of case property in narcotics cases, as well as the judiciary’s concern for safeguarding individual liberty.