M. ASLAM vs THE STATE
This matter arises from a post-arrest bail petition filed by Muhammad Aslam seeking pre-trial release in F.I.R. No. 170 registered under Section 9(b) of the Control of Narcotic Substances Act, 1997 at Police Station Fareed Nagar. The core legal questions involved whether the investigation conducted by the complainant himself vitiates the case and whether medical evidence regarding the petitioner's ailment constitutes grounds for further inquiry. The Lahore High Court held that since the complainant, an Assistant Sub-Inspector, registered the case, prepared the recovery memo, and conducted the entire investigation in violation of Section 21 of the Control of Narcotic Substances Act, 1997, and given that medical reports established the petitioner suffered from night blindness and weak vision, the case fell within the scope of further inquiry. Consequently, the court admitted the petitioner to post-arrest bail, laying down the principle that investigation by an interested complainant violates statutory safeguards and medical infirmities casting doubt on the prosecution narrative warrant the grant of bail.
- Does an investigation conducted entirely by the complainant police officer violate the provisions of the Control of Narcotic Substances Act, 1997?
- Can medical evidence showing a chronic eye ailment rendering the accused night-blind make the prosecution's case a matter of further inquiry for the purpose of bail?
- Whether post-arrest bail should be granted when the foundational steps of investigation are carried out in apparent disregard of statutory safeguards?
- Section 9(b), Control of Narcotic Substances Act 1997
- Section 21, Control of Narcotic Substances Act 1997
- Section 161, Code of Criminal Procedure 1898
ORDER
' Muhammad Aslam, the petitioner petition seeks postF.I.R. No .170, dated section 9(b) of the Substances Act, 1997, Station Fareed Nagar, arif.
2. According to the prosecutiui; allegations stipulated in the F.I.R., on 10-9-2005 at about 9-50 p.m., Maqbool Hussain, A.S.-I. Along with other police officials while on patrol duty had received a secret information that the petitioner was dealing in narcotic substance and he raided him and found on his person 950 grains of Charas, which was wrapped in a shopper, out of the said contents, ten grams were made into a sample sealed parcel and sent to the Chemical Examiner, whose report confirmed the contents that of narcotic substance.
3. It is pleaded on behalf of the petitioner that this case has been falsely planted by Maqbool Hussain, A.S.-I., who had not only registered the case and prepared the recovery memo., but also conducted the entire investigation and recorded statements of the prosecution witnesses under section 161, Cr.P.C. As well in violation of the provisions of section 21 of the Control of Narcotic Substances Act, 1997; that the petitioner suffers from night blindness, which fact has been confirmed by his medical examination and the entire prosecution allegation that the petitioner at night time was carrying narcotic substance in a shopper bag stands belied by the medical evidence.
4. Admittedly, this case has been registered on the report of Maqbool Hussain, A.S.-I. He had prepared the recovery memo., which is the main investigational instrument and then also recorded statements of all the prosecution witnesses under section 161, Cr.P.C. Thus the entire investigation from registration of the case onwards has been conducted by the complainant himself, who is an A.S.-I., in violation of the provisions of section 21 (ibid). The petitioner has brought on the file a report of the Medical Officer, who had examined him on the direction of the Judicial Magistrate, Pakpattan Sharif and had found that he is suffering from night blindness and his vision during the day time is also weak. The petitioner was also examined by the Consultant Eye Surgeon of the District Headquarters Hospital, Sahiwal and was adjudged to be a patient of Retinitis Pigmentosa for the last several years, which is getting more advance with the passage of time and the said ailment is the source of his very weak vision. In these circumstances, the prosecution case that the petitioner was carrying narcotic substances during the night-time becomes a matter of further inquiry.
Therefore, the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs,25,000 (Rupees twenty five thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
Cited by 2 cases
- SHAHZAD alias SAJJAD vs STATE etc PLJ 2019 Cr.C. 1390
- SHAHZAD alias SAJJAD vs The STATE and others 2020 YLR 93