MUHAMMAD IJAZ vs THE STATE
This matter arose from a post-arrest bail petition filed by the petitioner, who was implicated in an offence under Sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997. The prosecution alleged that following the arrest of a co-accused carrying contraband, the co-accused led the Anti-Narcotics Force to his own residence where the petitioner opened the door, and 93 kilograms of charas was subsequently recovered under a cot. The core issue before the High Court was whether the petitioner was entitled to the concession of post-arrest bail when the recovered contraband was situated in a house owned by another person and nothing was recovered at his personal instance. The Lahore High Court accepted the petition and granted bail, holding that the premises belonged to the co-accused and no narcotics were retrieved at the instance of the petitioner. The Court established that the petitioner's alleged status as an agent of the co-accused remained a matter to be substantiated by the prosecution at trial.
- Whether an accused found present in the house of a co-accused from where narcotics are recovered is entitled to bail if no recovery is effected at his personal instance?
- Whether the unproven allegation that an accused acted as an agent of the principal narcotics offender warrants the grant of post-arrest bail pending trial?
- Section 9(c), Control of Narcotic Substances Act, 1997
- Section 15, Control of Narcotic Substances Act, 1997
ORDER
' Muhammad Ijaz petitioner has applied for bail after arrest in a case under section 9(c) and 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 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.