AMJAD ABBAS vs THE STATE
The petitioner sought post-arrest bail in a case registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the recovery of 1000 grams of charas from underneath the driver's seat of a car in which the petitioner and co-accused were travelling. The core legal questions were whether the petitioner was entitled to bail under the rule of consistency given that his co-accused had already been granted bail, and whether individual liability could be established when contraband is recovered from a shared vehicle. The Lahore High Court held that the petitioner's case was at par with his co-accused, thereby entitling him to bail under the principle of consistency. Furthermore, the Court observed that because the recovery was made from underneath the driver's seat of a car carrying multiple passengers, responsibility could not be solely attributed to the petitioner. The petition was allowed, and bail was granted subject to furnishing bail bonds.
- Whether an accused is entitled to the concession of post-arrest bail on the principle of consistency if co-accused with similar allegations have already been granted bail?
- Can exclusive possession and individual liability be automatically attributed to a passenger of a vehicle when contraband is recovered from underneath the driver's seat?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
' SARDAR MUHAMMAD ASLAM, J.---The petitioner seekspost-arrest bail in case F.I.R. No,79, dated 29- 11-2004 registered under section 9(c), Control of Narcotic Substances Act, 1997 at Police Station, Jaura KaIan, District Khushab, on the ground that all of his co-accused have. Been granted bail by the learned Sessions Judge, Khushab as well as by this Court and the case of the petitioner is at par, therefore, the petitioner is entitled to bail on the principle of consistency.
2. The bail petition has been opposed by the learned counsel for the State, who argued that the petitioner has been apprehended at the spot; he has been found guilty in the investigation and challened; the case is of heinous nature.
3. We have considered the respective submissions of the learned counsel for the parties and perused the record.
4. Quantity of 1000 grams charas was recovered from the shopping bag lying underneath the driver seat of Car No,4227/PRD. Ghulam Kazim, Akhtar Abbas, Ashraf and Amjad Abbas petitioners were nominated in the F.I.R. Except the petitioner others were arrested at the spot. Co-accused of the petitioner have been admitted to bail. The petitioner's case is at par with that of his co- accused. He is entitled to the concession of bail on principle of consistency. The petitioner also deserves concession of bail on the ground that recovery was allegedly effected from the car underneath the driver's seat and responsibility of which cannot be fixed on the petitioner alone, who too was one of travellers in the car.
5. For what has been discussed above, this petition is allowed. The petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.50,000 with one surety in the like amount to the satisfaction of the learned Trial Court.