the case Sagheer Ahmed v. The State (2024 SCMR 913):
- Charges and Arrest:
- Sagheer Ahmed was arrested on 6th August 2023 for possession and transportation of 1,420 grams of charas under Section 9(1)(3)(c) of the Control of Narcotic Substances Act, 1997.
- Procedural Lapse – Delay in Sending Samples:
- There was a delay of over a month in sending the narcotic samples to the Forensic Science Laboratory (sent on 8th September 2023).
- As per Rule 4(2) of the Control of Narcotic Substances (Government Analysts) Rules, 2001, samples must be sent for analysis within 72 hours of seizure.
- Safe Custody Not Proven:
- There was no evidence on record regarding the safe custody of the recovered narcotics between the time of arrest and the eventual sending of samples.
- This raised doubts about the handling of the case property.
- Bail Granted Due to “Further Inquiry”:
- The delay and procedural deficiencies made the case one of “further inquiry” under Section 497 of the Criminal Procedure Code.
- Such an inquiry allows for the possibility of bail, especially where procedural irregularities raise doubt.
- Detention and Bail:
- The accused had been in jail since his arrest, and the trial had not been concluded after a considerable period.
- The maximum sentence for the offense is 14 years, which does not trigger the bar to bail under Section 51 of the Control of Narcotic Substances Act.
- Precedents Cited:
- The Court referred to the cases Saeed Ahmed v. State (PLJ 2018 SC 812) and Abbas Raza v. The State (2020 SCMR 1859), where bail was allowed due to similar procedural lapses.
- Conclusion and Conditions for Bail:
- The petition was allowed, and Sagheer Ahmed was granted bail.
- The bail was subject to furnishing a bond of Rs. 100,000 with one surety in the same amount.
- Non-Prejudicial Observations:
- The Court clarified that its observations were tentative and would not influence the trial, which would be decided on its merits.