On December 25, 2025, a man named Arshad was arrested from the area of Phularwan in Sargodha. The arrest was carried out by Inspector Umar on the suspicion that Arshad was involved in the sale of “Ice” (a narcotic substance).
Acting on confidential information, the police apprehended Arshad and allegedly recovered 1100 grams of a substance believed to be Ice. Following the recovery, he was sent to jail.
Bail Proceedings in Lower Court
After being sent to jail, Arshad filed a post-arrest bail application in the Sessions Court. However, the learned Additional Sessions Judge rejected his bail.
Subsequently, Arshad approached the High Court for relief.
High Court’s Intervention
The bail petition was heard by a Division Bench comprising Justice Farooq Haider and Justice Aliya Bajwa. The bench delivered a remarkable judgment and granted bail to Arshad.
Before understanding the reasoning behind this decision, it is important to understand the nature of the alleged substance.
What is “Ice”?
“Ice” is a commonly used term for a narcotic drug known scientifically as Methamphetamine. It falls under the category of controlled narcotic substances, which the government is obligated to regulate under the law.
According to Section 9(2) of the Control of Narcotic Substances Act, if a person is found in possession of a quantity between 1 kilogram and 2 kilograms, the punishment may extend up to 10 years of imprisonment.
Normally, offences carrying such punishment fall within the “prohibitory clause” under Section 497 of the Code of Criminal Procedure, where bail is not easily granted.
The Key Issue: Forensic Report
In this case, the police recovered a white substance from a blue plastic bag and immediately sent it to the Punjab Forensic Science Agency (PFSA) for chemical examination.
Typically, if the substance is Methamphetamine, the report confirms it as such, and the accused may face conviction if the offence is proven.
However, in Arshad’s case, the forensic report revealed something entirely different.
The recovered material was not Methamphetamine. Instead, it was identified as Aluminum Ammonium Sulfate, a substance that may resemble Ice in appearance but does not fall under the category of narcotic or controlled substances.
Legal Implication
This distinction was crucial.
Since the recovered material did not fall within the scope of narcotic or controlled substances, the essential ingredients of the offence were missing. Therefore, keeping the accused in custody was unjustified.
Reliance on Supreme Court Precedent
The Honourable Judges relied on a landmark judgment reported as PLD 2022 Supreme Court 475, which emphasizes an important principle:
“Error in granting bail is better than error in refusing bail.”
The reasoning behind this principle is clear:
- If bail is granted mistakenly, the accused can still be convicted after trial, and justice will ultimately be served.
- However, if bail is wrongly refused and the accused is later acquitted, the time spent in जेल becomes irreparable loss, with no adequate compensation.
Important Legal Takeaways
This case clarifies two critical points:
- Mere recovery is not enough
No matter how large the quantity, unless the substance falls within the category of narcotic or controlled substances, a prima facie case is not established. - Bail can be granted by higher courts
Even if bail is rejected by a lower court, higher courts may grant relief based on proper legal appreciation.
Role of Judicial System
The judgment also reflects the strength of the judicial system. If one forum fails to provide relief, the matter can be corrected at higher levels, including High Courts and the Supreme Court.
The law also protects judges acting in their judicial capacity, recognizing that errors can occur but can be corrected through appellate mechanisms.
Conclusion
This case serves as a powerful reminder that every accused person has the right to seek justice. Even in serious allegations, legal remedies remain available.
If you ever face such a situation, do not lose hope. Pursue your legal rights, justice may still be achieved through the proper legal process.