MUHAMMAD BILAL vs THE STATE
This matter arises from a bail petition filed by the petitioner, a minor aged about 13 to 14 years, seeking post-arrest bail in a case registered under sections 6/9 of the Control of Narcotic Substances Act, following the alleged recovery of 50 kilograms of "Posst" from a bag he was carrying. The core legal question is whether the petitioner's age, the physical improbability of a minor carrying such a heavy weight, and the prosecution's failure to associate key co-accused in the investigation constitute grounds for further inquiry under Section 497(2) of the Code of Criminal Procedure. The Lahore High Court held that the circumstances rendered the petitioner's guilt a matter of further inquiry, particularly given the lack of common sense in a minor carrying such a heavy load and the failure to investigate the father and the intended recipient. The petition was consequently allowed, granting bail subject to surety bonds. The key principle laid down is that patent improbabilities regarding a minor's physical capacity combined with investigative lapses regarding named co-conspirators justify granting post-arrest bail.
- Whether the physical improbability of a minor carrying a heavy weight of narcotics constitutes a ground for further inquiry?
- Does the failure of the prosecution to investigate named co-accused persons make the guilt of the accused a matter of further inquiry for the purpose of bail?
- Is a juvenile accused entitled to post-arrest bail when the circumstances of the recovery create reasonable doubt regarding his active involvement?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9, Control of Narcotic Substances Act 1997
ORDER
' Petitioner seeks bail in a case registered vide F.I.R. No,439, dated 22-12-2003 under sections 6/9 of the C.N.S.A. At Police Station Batapur, Lahore. The prosecution story is that on a source report to the effect that at the bus stand a huge quantity of "Posst" is likely to arrive, a raid was conducted and the police party found petitioner decorating a bus carrying a bag. He was arrested and when the bag was opened it contained "Posst" weighing 50 kilograms.
2. Learned counsel for the petitioner seeks bail on the grounds that the petitioner is between 13/14 years of age, that a body of this age is even otherwise incapable of carrying a bag weighing 50 kilograms that the case has been registered for mala fide reason and that petitioner is not involved in any other criminal case. Learned counsel for the State opposes the petition by submitting that the offence alleged is serious in nature and that no case for bail is made out. He, however, does not deny that the petitioner is about 14 years of age.
3. Heard.
4. As per the prosecution the afore-referred bag was recovered from the petitioner, who in his statement recorded before the police allegedly admitted to have carried the bag at the asking of his father to be delivered to one Muhammad Shafique. It is conceded before this Court by the learned State Counsel that neither petitioner's father nor the afore-referred Muhammad Shafique were made to join the investigation. Prima facie it is repellent to common sense a minor of petitioner's age and physique could carry such a heavy bag. The non-association of petitioner's father and the person to whom the bag was to be delivered makes the question of petitioner's guilt a matter of further inquiry. In the afore-referred circumstances this petition is allowed and subject to furnishing bail bonds in the sum of Rs,50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court, he shall be released on bail.