RAHMAT ULLAH KHAN vs THE STATE
This post-arrest bail petition arose from a case registered under Section 9(c) of the Control of Narcotic Substances Act 1997. The prosecution alleged that during the investigation, the petitioner disclosed he could recover more narcotics from his co-accused's house and led the police there, where the co-accused fled, discarding 1300 grams of Charas. The core legal question was whether the petitioner could be held liable under Section 9(c) when no narcotics were directly recovered from his personal possession, and his role was limited to pointing out the co-accused's location. The Lahore High Court held that because nothing was recovered from the petitioner's direct possession, his liability for the offence under Section 9(c) required further inquiry. Consequently, the court allowed the petition and granted post-arrest bail to the petitioner, establishing the principle that a lack of direct recovery from an accused's possession makes their liability under Section 9(c) a matter of further inquiry.
- Whether an accused can be denied bail under Section 9(c) of the Control of Narcotic Substances Act 1997 when no narcotics were recovered from his direct possession?
- Does leading a police party to a co-accused's house where narcotics are subsequently discarded by the co-accused make the pointing-out accused liable under Section 9(c) without further inquiry?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
1. ' Rehmat Ullah Khan petitioner seeks post arrest bail in case F.I.R. No.15 of 2004, dated 21-1-2004 registered under section 9(c)
2. Control of Narcotic Substances Act, 1997, at Police Station Moch. District Mianwali.
3. ' The allegation against the petitioner as penned in the F.I.R. Is that during investigation of case F.I.R.
4. No.15, dated 21-1-2004 registered under section 9(c) of Control of Narcotic Substances Act, petitioner disclosed that he could get recovered more narcotics from the house of his co-accused Habib Ullali and led the police party to the said House. Statedly on seeing the police party Habib Ullah accused managed to flee away while throwing the shopper containing 1300 grams Charas.
3. Admittedly, in the present case nothing was recovered from the petitioner and the precise allegation against him is that he led the police party to the place where his co-accused who is allegedly involved in the business of sale of narcotics was present and on seeing the police he fled away while throwing 1300 grams of Charas. In the said circumstance how far the petitioner is liable for the offence falling under section 9(c) of the ibid Act calls for further inquiry. Accordingly the instant petition is allowed and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rupees one lac with one surety in the like amount to the satisfaction of the 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.