MUHAMMAD SUGHEER vs THE STATE
This matter concerns a petition for post-arrest bail filed by Muhammad Sugheer, who was charged under sections 6 and 9(c) of the Control of Narcotic Substances Act, 1997, following the recovery of narcotics from a vehicle he was driving. The core legal question was whether the petitioner, who had been declared innocent during the police investigation and placed in Column No. 2 of the challan report, was entitled to bail despite the recovery of a large quantity of narcotics. The Court observed that the investigation found the petitioner was merely a hired driver unaware of the illicit nature of the cargo, a finding supported by the S.H.O. and S.D.P.O. The Court held that since the petitioner was declared innocent in the police investigation and there was no evidence connecting him to the co-accused or the narcotics, his case fell within the scope of further inquiry. Consequently, the Court allowed the bail application, emphasizing that the findings of the police investigation remained unchallenged on the record, thereby entitling the petitioner to relief.
- Does the declaration of innocence in a police investigation and placement in Column No. 2 of the challan report constitute grounds for further inquiry in a bail application?
- Can a driver of a vehicle be granted bail in a narcotics case if the investigation indicates they were unaware of the illicit nature of the cargo?
- Section 6, Control of Narcotic Substances Act 1997
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 173, Code of Criminal Procedure 1898
ORDER
' The petitioner Muhammad Sugheer is seeking post-arrest bail in case F.I.R. No,595 of 2003, dated 11-12-2003, registered at Police Station, Sadar Sumandari, District Faisalabad, for the offences under sections 6 and 9(c) of Control of Narcotic Substances Act, 1997, at the instance of complainant, Muhammad Ishaq, S.-I., on the alleged recovery of 10 bags of Phakki Post, each weighing 20 Kgs., recovered from a motor-vehicle, which was being driven by the petitioner while the co-accused Mst. Ruqia Bibi and Muhammad Hanif were sitting in the same.
2. Challan has been submitted in Court after- the completion of the investigation. The co-accused Mst. Ruqia Bibi was released on bail by Additional Sessions Judge, Sumandari. The other co- accused Muhammad Hanif is in Jail. The petitioner was declared innocent by the complainant, vide Zimni No, 4, dated 20-12-2003. It was found that the petitioner is merely an innocent driver of the vehicle, he did not know that the bags contained narcotics as he was informed by the co-accused that they contained chicken feed. The said finding has been confirmed by S.H.O., Circle Sadar Sumandari and by the S.D.P.O., Circle Sadar Sumandari, on 25-12-2003, and, therefore, the petitioner' has been placed in Column No,2 of the challan Report under section 173, Cr.P.C., submitted in Court. The petitioner's application for the grant of post-arrest bail has been dismissed by the Additional Sessions Judge, Sumandari, vide his order dated 21-1-2004, only on the ground of the recovery of huge quantity of narcotics.
3. We have heard the learned counsel for the petitioner, the State and have also seen the relevant record.
4. The petitioner has been declared innocent in the police investigation and has been placed in Column No,2 of the challan report. There is nothing on the record that the findings of the ,police are incorrect. There is nothing on the record to show any connection of the petitioner with the co- accused. The petitioner was merely a driver of the vehicle, which had been taken on hire by the co- accused Muhammad Hanif. We are, therefore, of the view that it is a case of further inquiry.
5. In view of the above-mentioned, the application is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs,1,00,000 (rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court.