MUHAMMAD IJAZ vs STATE
This matter comes before the Lahore High Court through a post-arrest bail application filed by the petitioner, Muhammad Ijaz, in a criminal case registered under Section 9(c) and 15 of the Control of Narcotic Substances Act, 1997, vide F.I.R. No. 3 dated 8.3.2003 at Police Station A.N.F. Multan. The core legal question concerns whether the petitioner was connected to the recovery of a large quantity of narcotics found in a house belonging to a co-accused after a joint raid. The court held that since the house belonged to the co-accused, no recovery was effected at the direct instance of the petitioner, and the prosecution had yet to establish during the trial whether the petitioner was indeed an agent of the co-accused. Consequently, the court accepted the petition and granted post-arrest bail to the petitioner subject to furnishing appropriate security bonds. The key principle laid down is that where ownership of the premises vests in a co-accused and no direct recovery is made from the petitioner, further inquiry into the petitioner's complicity as an alleged agent warrants the grant of bail pending trial.
- Whether post-arrest bail can be granted when no direct recovery is effected from the petitioner and the premises belong to a co-accused?
- Does the lack of immediate proof regarding agency between co-accused persons make the case one of further inquiry under the Control of Narcotic Substances Act, 1997?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
ORDER
M.A. Shahid Siddiqui, J.--Muhammad Ijaz petitioner has applied for bail after arrest in a case under Section 9(c), 15 of the Control of Narcotic Substances Act, 1997 registered with A.N.F. Multan vide F.I.R. No, 3 dated 8.3.2003.
2. The prosecution case is that on 8.3.2003 the Anti Narcotics Force Multan, on the basis of a spy information apprehended Rana Ehsan at a Chowk near Chungi No,
1. He was carrying a plastic bag on his bicycle. 10 packets of Charas were recovered from the bag. During interrogation, Rana Ehsan accused disclosed that one of his agents was present in his house situated in Souraj Miani with huge quantity of narcotics substance. Rana Ehsan Ali led the Anti-Narcotics Force Multan to his house situated on Souraj Miani Road. The raiding party knocked the door of the house upon which the present petitioner opened the door and introduced himself. Rana Ehsan got recovered five plastic bags which were lying under the cot in a room out of which 93 kilograms of Charas was recovered.
3. We have heard the learned counsel for the parties.
4. We have noticed that the house belonged to Rana Ehsan Ali and nothing was recovered at the instance of the petitioner. The prosecution has yet to prove at the trial that the petitioner was the agent of Rana Ehsan Ali. We, therefore, feel inclined to accept this petition and release the petitioner on bail, subject to furnishing bail bond in the sum of Rupees One Lac with one surety in the like amount to the satisfaction of the trial Court.