ALAMGIR vs THE STATE
The petitioner Alamgir sought post-arrest bail after being arrested when 21 kilograms of chars concealed in secret cavities was recovered from a car in which he was travelling on the front seat. The lower forum had previously declined his bail application. The core legal question was whether the petitioner had conscious knowledge and a community of interest with the driver regarding the concealed narcotics. The Peshawar High Court held that the conscious knowledge of the petitioner about the narcotics needed further inquiry, as the prosecution failed to bring on record any evidence showing his nexus with the contraband, the vehicle, the driver, or any previous involvement in similar cases. Consequently, the court accepted the application and granted bail to the petitioner subject to furnishing surety bonds. The key principle laid down is that where an accused is a passenger and the prosecution fails to establish prima facie conscious knowledge or nexus with the contraband concealed in a vehicle, the case falls within the scope of further inquiry warranting the grant of bail.
- Whether conscious knowledge of an accused passenger regarding narcotics concealed in secret cavities of a vehicle requires further inquiry?
- Can bail be granted to an accused passenger when the prosecution fails to establish a nexus with the contraband and the driver?
- Does the recovery of a huge quantity of narcotics alone disentitle an accused to bail where his conscious possession is questionable?
- Section 9(c), Control of Narcotic Substances Act 1997
' SYED YAHYA ZAHID GILANI, J.--The accused petitioner Alamgir was travelling on the front seat of a car, driven by Saghir Ahmad, wherefrom 21 Kg. Chars, placed in secret cavities was recovered. He was declined bail by the lower forum in relevant case vide F.I.R. No,477 dated 28-6-2008 of Police Station Badbher under section 9(c) CNSA.
2. On the instant application, his counsel agitated lack of his conscious knowledge and community of interest with the driver, as the petitioner accused was allegedly travelling on life basis, because there was transport problem at Bara (Khyber Agency), due to military operation, wherefrom the vehicle approached.
3. Learned State counsel resisted the bail application because of huge quantity of recovered narcotics and added that the plea of the accused petitioner is not reasonably convincing.
4. Conscious knowledge of accused petitioner about the narcotics concealed in the secret cavities needs further inquiry because the prosecution has not brought on record any evidence to show his nexus with the contraband, with the vehicle, with the driver, his previous involvement in similar cases or any other overt Act. In such circumstances bail has been granted to accused in different cases referred by learned counsel for the petitioner. Reference to unreported judgments of this Court in Cr. Miscellaneous No,877 of 2004, Cr. Miscellaneous No, 148 of 2008 and PLD 2008 Peshawar 59 would be sufficient.
5. Consequently the application of accused petitioner Alamgir is accepted. He shall be released on bail if he furnishes bail bond in the sum of Rs,200,000 with two sureties, each in the like amount, to the satisfaction of the Illaqa Judicial Magistrate/Magistrate on Duty.
Cited by 1 case
- MUHAMMAD SIRAJ vs THE STATE 2011 MLD 958