OBIAQWU EZEKEKE and another vs THE STATE
This matter concerns a petition for post-arrest bail filed by two foreign nationals, Obiaqwu Ezekeke and Nester, who were implicated in a narcotics case registered under the Control of Narcotic Substances Act, 1997. The core legal question was whether the petitioners were entitled to bail given that no contraband was recovered from their personal possession and their implication rested solely on the statement of a co-accused. The Court observed that no prosecution witnesses had implicated the petitioners in their statements recorded under the Code of Criminal Procedure 1898. Holding that the case against the petitioners necessitated further inquiry into their guilt, the Court allowed the petition and admitted the accused to bail. The key principle laid down is that where the prosecution's case against an accused rests solely on the statement of a co-accused without any recovery of contraband or corroborative evidence from prosecution witnesses, the accused is entitled to the benefit of further inquiry, thereby satisfying the requirements for the grant of post-arrest bail.
- Is an accused entitled to post-arrest bail when the prosecution's case relies solely on the statement of a co-accused without any recovery of contraband?
- Does the absence of incriminating statements from prosecution witnesses recorded under Section 161 of the Code of Criminal Procedure 1898 warrant further inquiry into the guilt of an accused?
- Can foreign nationals be granted post-arrest bail when their passports are already in the possession of the investigating agency?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
- Section 161, Code of Criminal Procedure 1898
ORDER
' Through this petition Obiaqwu Ezekeke and Nester petitioner& have sought post-arrest bail in case F.I.R. No,10 registered at Police Station ANF; Lahore on 11-3-2004 for an offence under sections 9(c)/15 of the Control of Narcotic Substances Act, 1997.
2. Admittedly nothing had been recovered from the petitioners' possession during the investigation of this case. The petitioner's had been implicated in this case upon a statement of a co-accused of the petitioners allegedly made before the Anti-Narcotics Force. The worth and evidentiary value of such a statement of a co-accused vis-a-vis the petitioners shall be gone into by the learned trial Court at the time of the trial. It is not disputed that no prosecution witness has uttered even a single word against, the present petitioners in their statements recorded under section 16'1, Cr.P.C. In these circumstances the case against the petitioners surely calls for further inquiry into their guilt. The petitioners happen to be Nigerian citizens and their passports have already been taken into possession by the investigating agency. This petition is, therefore, allowed and the petitioners are admitted to bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one hundred thousand only) each with one surety each in the like amount to the satisfaction of the learned trial Court. revisions by the competent authorities. Therefore, it is advisable to consult the official sources or legal professionals for the most up-to-date and accurate information.
Cited by 2 cases
- AFZAL AHMED Versus State 2018 PCrLJN 75
- WAZIR ALI SAMOON vs The STATE through A.N.F. 2017 MLD 754