MUHAMMAD NAWAZ vs THE STATE and another
This matter arises from a petition filed by Muhammad Nawaz seeking post-arrest bail in case F.I.R. No. 729 registered on 17-12-2006 at Police Station Khairpur Tamewali under Section 9-B of the Control of Narcotic Substances Act, 1997. The core legal question concerns whether the petitioner was entitled to post-arrest bail given the circumstances of the alleged recovery and the improbability of the prosecution's version. The court held that the petitioner was entitled to bail, observing that the alleged contraband weighing 350 grams of Chars was not recovered from the petitioner's person or place of abode, that no previous criminal record existed against him, and that it was prima facie unreasonable that six police officials failed to apprehend a lone, empty-handed citizen without any customers present at the scene. The court laid down the principle that where recovery is doubtful and prosecution allegations lack prima facie plausibility regarding the apprehension of the accused, further inquiry into the accused's guilt is made out, warranting the grant of post-arrest bail.
- Whether post-arrest bail should be granted when the alleged contraband is not recovered from the person or place of abode of the accused?
- Does the lack of previous criminal record and doubtful circumstances of apprehension make out a case for further inquiry under Section 9-B of the Control of Narcotic Substances Act, 1997?
- Is an accused entitled to bail when the prosecution story appears prima facie improbable regarding the failure of police officials to apprehend him?
- Section 9-B, Control of Narcotic Substances Act 1997
ORDER
' The learned A.A.-G. As well as Director, Excise & Taxation, Bahawalpur, have been heard.
2. As the requisite report has been submitted before the learned trial Court, the presence of the Director, Excise & Taxation, Bahawalpur, is no more required.
3. Muhammad Nawaz has sought post-arrest bail in case F.I.R. No, 729 registered at Police Station Khairpur Tamewali on 17-12-2006 for offence under section 9-B of the Control. Of Narcotic Substances Act (C.N.S.A.), 1997:
4. According to prosecution case, Ghulam Shabbir, S.I., along with constables was present at Mauza Jhandani, when he received information that petitioner was selling Chars, while standing outside his house. After the receipt of information, the complainant along with other constables raided the spot. However, allegedly, the petitioner succeeded in making his escape after throwing a shopper, which contained 350 grams of Chars.
Hence, the case was registered against the petitioner.
5. We have heard the learned counsel for the parties and have also gone through the relevant record of the case.
6. It has been noticed that the petitioner was arrested on 16-1-2007 and has been sent to judicial lock-up after completion of investigation, that the Chars was not recovered either from his person or from his place of abode, that no record is available against the petitioner that he was previously involved in any such-like case. Prima facie, it does not appeal to reason that six police officials would remain unable to apprehend an empty-handed citizen. It is also pertinent to note that at the time of raid, no customer was spotted by the raiding party. In the circumstances, we are inclined to admit the petitioner to bail subject to his furnishing bail bond in the sum of rupees ten thousands with one surety in the like amount to the satisfaction of the learned trial Court.