ANWAR vs THE STATE
This matter concerns a post-arrest bail application filed by the applicant, Anwar, in connection with an FIR registered for the alleged possession of 1100 grams of Charas. The core legal question was whether the applicant was entitled to bail given the circumstances of the recovery and his alleged prior criminal record. The applicant contended that the narcotics were not recovered from his physical possession and that there was a delay in forensic analysis. The State opposed the application, citing a prior narcotics case against the applicant. The Court held that since the narcotics were not recovered from the applicant's actual possession and the applicant's involvement in the prior case was based solely on a co-accused's statement, the prosecution's case required further inquiry. Consequently, the Court granted bail, establishing the principle that where the link between the accused and the contraband is tenuous and based on disputed possession, the case falls within the scope of further inquiry, thereby entitling the accused to the concession of bail.
- Does the absence of physical recovery of narcotics from an accused constitute grounds for further inquiry under bail proceedings?
- Can an accused be denied bail solely on the basis of a prior case where the implication was based on the statement of a co-accused?
- When does a criminal case regarding narcotics possession warrant the grant of bail on the basis of further inquiry?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' The applicant is seeking bail in Crime No.122 of 2004 of Police Station Sakrand, registered . On the complaint of SIP Shamsul Haq for allegedly being in possession of 1100 grams of Charas on 28-10- 2004.
2. ' The trail is pressed on the ground that the alleged narcotic substance was not recovered from the physical possession of the applicant and that there was a delay in sending the substance to the Chemical Examiner. The applicant is innocent and has been falsely implicated by the police.
3. ' Learned A.A.-G. Has; however, opposed the grant of bail contending that applicant is also involved in another case of narcotics registered against him on 7-10-2004.
4. ' We have considered the arguments and perused the material available on the record.
5. Admittedly the narcotic substance viz. Charas was not recovered from the actual possession of the applicant and according to the contents of the F.I.R. The man has escaped from the scene as the police could not arrest him. It is yet to be ascertained as to whether the applicant was actually possessing the narcotics. In the previously registered case F.I.R. No.115 of 2004 the applicant was implicated on the basis of statement of co-accused. Under the circumstances, the case against the applicant appears to be of further inquiry.
6. ' Accordingly, the applicant is directed to be released on bail on furnishing surety in the sum of Rs.1,00,000 (one lac) and P.R. Bond in the like amount to the satisfaction of trial Court.
Cited by 1 case
- AFZAL AHMED Versus State 2018 PCrLJN 75