ABDUL LATEEF vs THE STATE
This bail application arises from the arrest of the applicant, Abdul Lateef, and a co-accused, Inayatullah, who were apprehended by police on suspicion of possessing Charas. The prosecution alleged that 1020 grams of Charas were recovered from the co-accused and 490 grams from the applicant and a motorcycle compartment. The applicant sought bail after the trial court dismissed his initial application. The core legal question was whether the applicant was entitled to the concession of bail given the ambiguity regarding the specific quantity of narcotics recovered from his personal possession versus the motorcycle, and the lack of evidence establishing his ownership of the motorcycle. The Court held that because the prosecution failed to specify the exact weight of the Charas recovered from the applicant's personal search and failed to verify the ownership of the motorcycle, the case against the applicant required further inquiry. Consequently, the Court granted bail, noting the State counsel's lack of objection and the evidentiary gaps in the prosecution's case, establishing the principle that ambiguity in the recovery of narcotics and lack of clear nexus to the contraband warrants the grant of bail pending trial.
- Does the failure of the prosecution to specify the exact weight of narcotics recovered from an accused's personal possession entitle the accused to the concession of bail?
- Is bail appropriate when the prosecution fails to establish a clear nexus between the accused and the recovered contraband found in a vehicle?
- Does the lack of objection by the State counsel regarding a bail application influence the court's decision to grant relief?
- Section 497, Code of Criminal Procedure 1898
ORDER
1. ' RAHMAT HUSSAIN JAFFERI, J.--- Brief facts giving rise to the present application are that on 28-11- 2004 S.I.P. Allan Khan Abbasi of Police Station Khairpur Nathan Shah received information that some persons were selling Charas at link road near Chandki Mori. On the said information, the complainant along with his subordinate staff reached there at about 8-40 a.m. Where they saw a motorcycle coming on which two persons were sitting. On seeing the police party, the persons sitting on the motorcycle tried to escape but they were apprehended and on inquiries one of them disclosed his name as Abdul Latif, the present applicant and another person disclosed his name as Inayatullah. From the search of the applicant a small piece of Charas and from the possession of Inayatullah a big piece of Charas were secured. From the search of motorcycle a big piece of Charas was also secured from its compartment. The applicant disclosed that he was the owner of the motorcycle but he had no registration papers. However, the Investigating Officer got the Charas weighed through H.C. Kaleemullah. Weight of the Charas recovered from co-accused Inayatullah was 1020 grams whereas Charas recovered from the possession of applicant and from the compartment of motorcycle came to be 490 grams. Ten grams from each quantity were separated for sending them to Chemical Analyzer for examination and report. Police after usual investigation challaned the applicant and co-accused in the Court of law. The applicant moved the trial Court for bail but the same was dismissed hence the present application.
2. ' We have heard the Advocate for the applicant and State counsel. Learned State counsel has no objection to the grant of bail. We have examined the record and find that the police did not show as to how much quantity of Charas was secured from the personal search of applicant. The total weight of the Charas which was secured from the possession of the applicant and compartment of the motorcycle was 490 grams. It is yet to be determined as to whether applicant is the owner of the motorcycle as no registration papers of motorcycle have so far been produced. The police have also not obtained any information from the Registration authorities about the ownership of the motorcycle. It is alleged in the F.I.R. That a small piece of Charas was recovered from the possession of the applicant but no exact weight of said quantity has been mentioned by the prosecution. As such it is yet, to be determined as to how much quantity of Charas was secured from the possession of the applicant. Furthermore learned State counsel has no objection to the grant of bail.
3. ' Under these circumstances we find that the applicant is entitled to the concession of bail, therefore, bail is granted to the applicant in the sum of Rs,50,000 on furnishing solvent security with P.R. Bond in the like amount to the satisfaction of trial Court. The application is allowed.