MUHAMMAD SHAFIQ vs THE STATE
This matter concerns a petition for post-arrest bail filed by Muhammad Shafiq, who was charged under sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997, following the recovery of 20 kilograms of Charas and 1 kilogram of heroin from a taxi he was driving. The core legal question was whether the petitioner, who claimed to be an innocent taxi driver unaware of the contraband, was entitled to bail given that the investigating officer had placed his name in Column No. 2 of the report under section 173 of the Code of Criminal Procedure, 1898, effectively declaring him innocent after investigation. The court held that the petitioner was entitled to bail, reasoning that the material on record, including the investigating officer's findings and supporting affidavits, rendered the case one of further inquiry. The key principle laid down is that where an investigation concludes that an accused person lacks knowledge of the contraband and is innocent, the case falls within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure, 1898, justifying the grant of bail.
- Does the inclusion of an accused's name in Column No. 2 of a report under section 173 of the Code of Criminal Procedure 1898 constitute grounds for further inquiry under section 497(2)?
- Can a taxi driver charged with transporting narcotics be granted bail if the investigation concludes they had no knowledge of the contraband?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
- Section 173, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
ORDER
' M. BILAL KHAN, J.---Petitioner Muhammad Shafiq son of Muhammad Siddique, seeks post-arrest bail in case F.I.R. No,7, dated 31-1-2006 for offences under sections 9(c)/15, C.N.S.A., 1997 registered at Police Station A.N.F., Lahore.
2. Briefly stated the case of the petitioner as it unfolded in the F.I.R. Registered at the instance of Qadeer Ahmad Baig, Inspector/S.H.O. Police Station A.N.F. Lahore was that a raiding party was constituted on 31-6-2006 on the basis of secret information and as a result of. Raid 20 Kgs. Of Charas and 1 Kg. Of heroin were recovered from the taxi car bearing Registration No, STA-1. Two persons were apprehended who were occupying the vehicle out of whom one was the petitioner whereas the third occupant of the car succeeded in running away from the scene. The petitioner is in custody ever since. His application for post-arrest bail had been turned down by the Special Court, C.N.S., Lahore, hence this petition.
3. It has been argued that the petitioner is absolutely innocent; that upon producing overwhelming documentary and oral evidence in support of his plea of innocence the Investigating Officer after holding a thorough investigation had held him to be innocent; that his name has been placed in Column No,2 of the report under section 173, Cr.P.C.; that in fact the petitioner is a poor taxi driver and his car had been hired by one Allah Dittat and it was not within his knowledge that the passengers were in possession of any contraband. It was finally argued keeping in view the peculiar facts and circumstances of the case the petitioner's case is one of further enquiry within the meaning of subsection (2) of section 497, Cr.P.C.
4. Syed. Ehtesham Qadir Shah, the learned Special Prosecutor, A.N.F., in all fairness submitted that after a thorough probe in the matter the petitioner has been found to be innocent as a large number ofpeople had sworn affidavits vouching for his innocence. He submitted that the Investigating Officer had come to the conclusion that the petitioner was merely a taxi driver and that he had no knowledge about the presence of contraband in his vehicle.
5. In view of the material available on the record which prima facie supports the plea of the petitioners, his case has been rendered preeminently one of further enquiry as contemplated by subsection (2) of section 497, Cr.P.C.
6. Resultantly, the petition is accepted and the petitioner is allowed bail in the sum of Rs,50,000 with one surety in the like amount to the satisfaction of the trial Court.