ARSHAD MEHMOOD vs THE STATE
This matter concerns a petition for post-arrest bail filed by Arshad Mehmood, who was charged with an offence under the Control of Narcotic Substances Act, 1997, following the alleged recovery of a large quantity of Charas and firearms from a vehicle. The core legal question was whether the petitioner was entitled to bail given the conflicting findings of two separate police investigations: the initial investigation implicating the petitioner, and a subsequent investigation by a D.S.P. (Investigation) which declared the petitioner innocent and suggested the recovery was fabricated. The Court held that the conflicting police reports created a situation requiring further inquiry, bringing the case within the ambit of Section 51(2) of the Control of Narcotic Substances Act, 1997, thereby justifying the grant of bail. The key principle laid down is that where two contradictory police opinions exist regarding the culpability of an accused, the matter cannot be left unsettled; instead, the court may order a reinvestigation by a team of senior police officers to ensure the real culprits are identified and to prevent the miscarriage of justice.
- Does the existence of conflicting police investigation reports regarding an accused's culpability provide sufficient grounds for the grant of bail?
- Can a court order a reinvestigation by a team of senior police officers when initial investigation reports are contradictory?
- What is the procedure for resolving conflicting opinions expressed by different investigating officers before the submission of a final report?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 51(2), Control of Narcotic Substances Act 1997
- Section 18, Police Order 2002
- Section 173, Code of Criminal Procedure 1898
' M.A. SHAHID SIDDIQUI, Arshad Mahmood petitioner, is involved in a case registered with City Police, Daska, District Sialkot for an offence under section 9(c) of the Control of Narcotic Substances Act, 1997. He was ordered to be released on bail by this Court on 10-11-2005 through a short order for the reasons to be recorded later on. Now we proceed to give the reasons for the same.
2. As per F.I.R. Bearing No,286 of 2005, dated, 27-5-2005, Zulfiqar, S.I. Of City Police, Daska while on patrol duty on BRB Canal in the area of Mohallah Shah Sharif received a spy information that a Car bearing Registration No,LZC-8717 was coming from the side of Cheema Hospital with a huge quantity of arms and Charas. On receipt of this information he contacted Sadar Police, Daska on wireless and sought their help. A mobile team of Sadar Police, Daska which comprised of Tariq Mahmood, A.S.-I. And four police constables arrived there. A picket was established on the bridge.
After a shortwhile the said car emerged from the side of Cheema Hospital. It was encircled. Arshad Mahmood petitioner, who was driving the car, and. Muhammad Yasin were on the front seats, while Muhammad Afzal alias Pappu co-accused was on the rear seat. All the accused were asked to get down from the car. Muhammad Afzal, co-accused managed to escape. The police seized as many as 44 packets of Charas weighing 48400 grams, a Kalshnikov from the car and a .30 bore pistol from the person of Muhammad Arshad, petitioner. Muhammad Ashraf, S.-I. Prepared incomplete challan on 10-6-2005. Subsequently, Muhammad Afzal co-accused joined the investigation. He was declared innocent by the local police vide case Diary No,13-A, dated 18-6-2005.
3. On an application made on behalf of the accused, District Police Officer, Sialkot S.P.
(Investigation) Daska directed D.S.P. (Investigation), Daska to verify the investigation. The latter examined. Muhammad Yaseen accused and after associating and discussing the Investigating Officer who had initially investigated the case came to the conclusion that the Charas has not been recovered by Muhammad Ashraf, S.-I. As had been shown in the F.I.R. And that it had in fact been got recovered by Muhammad Yasin, Ghulam Mustafa, Aftab Shahid, Muhammad Asif and Ghulam Abbas with the help of police of Police Station, Daska and Munawar Hussain, S.-I. From Moaza Walana. The D.S.P. (Investigation) in his report, dated 1-9-2005 observed that Arshad Mehmood, petitioner was apprehended from his house and that he had absolutely no knowledge about the Charas.
4. The D.S.P. (Investigation) has given a clean chit to the petitioner as well as to Muhammad Afzal co-accused. He has propounded a new story, which has brought the petitioner's case within the ambit of subsection (2) of section '51 of the Control of Narcotic Substances Act, 1997. Therefore, we accepted this petition.
5. The conflicting opinions expressed by the two Investigating Officers cannot be left unsettled before the submission of final report. Either of the two opinions is wrong. A huge quantity of narcotic substance was recovered by the police. Therefore, the case requires reinvestigation by a Team of Senior Police Officers so that the real culprits may not escape from punishment. If Muhammad Ashraf, S.-I. Is found to have fabricated a false case in order to get the innocent people convicted, he should be dealt with strictly in accordance with law and if it is found that the D.S.P.
(Investigation) has propounded a false story in order to allow some of the accused to escape from punishment then he should be taken to task in accordance with law.
6. A copy of the order may be sent to the Inspector-General of Police, Punjab, Lahore who shall get the case reinvestigated under section 18 of the Police Order, 2002 by a Team of Senior Police Officers which shall conclude as to when and from whose possession the Charas was recovered and get a report under section 173, Cr.P.C. Submitted in the competent Court of law. To come up on 12-12-2005.