QADAR KHAN alias DOCTOR KHAN alias GUL MUHAMMAD vs THE STATE
This matter concerns two separate bail applications arising from the same First Information Report involving charges under the Control of Narcotic Substances Act, 1997. The prosecution alleged that the first petitioner was apprehended at an airport with two kilograms of heroin concealed in his suitcase. The second petitioner was subsequently implicated based solely on the judicial confession of the first petitioner. The core legal question was whether the petitioners were entitled to post-arrest bail given the nature of the evidence. The Court held that the first petitioner, having been caught red-handed with a substantial quantity of narcotics, failed to make out a case for bail, particularly as his medical claims were unsubstantiated. Conversely, the Court granted bail to the second petitioner, reasoning that the sole evidence against him—a retracted judicial confession—rendered his case one of further inquiry. The judgment reaffirms the principle that while recovery of narcotics from an accused’s possession generally precludes bail, implication of a co-accused based solely on a retracted confession of a principal accused constitutes grounds for further inquiry and bail.
- Is an accused entitled to bail when caught red-handed with a significant quantity of narcotics?
- Does the implication of a co-accused based solely on a retracted judicial confession constitute grounds for further inquiry for bail purposes?
- Can a bail application be dismissed if the medical grounds asserted by the accused are not supported by evidence?
- Section 9(c), Control of Narcotic Substances Act 1997
' SYED YAHYA ZAHID GILANI, J.---This order will dispose of the instant bail application Criminal Miscellaneous No,241/2008 titled Zahir Ahmad Shah v. The State and bail application Criminal Miscellaneous No,227/2008 titled Qadar alias Doctor because both arise from single F.I.R. No,52 dated 17-9-2007 of Police Station A.N.F. Peshawar under section 9(c) C.N.S.A.
2. According to prosecution case, the accused petitioner Zahir Ahmad Shah was arrested on the airport when heroin weighing 2 kgs was recovered from concealed cavities of his suitcase, when he was ready to fly abroad. His passport, air ticket, NIC and cellular phone were also taken into possession at the time of his arrest.
3. The accused stated in his initial interrogation as well as in his judicial confession that She heroin was owned by Qadar son of Sial. Hence, the co-accused petitioner Qadar alias Doctor was also arrested.
4. I have heard arguments of Mr. Noor Alam Khan, Advocate, for the petitioner and Mr. Salahuddin Khan, DAG for State and have perused the record.
5. Due to red-handed arrest and recovery of 2 kgs heroin from accused Zahir Ahmad Shah, his case for bail is not arguable. Ground of suffering from A hepatitis-C is not supported by any medical certificate. His application for bail is thus dismissed. However, it is desirable that his challan be immediately put in court and trial be accomplished at the earliest.
6. Regarding co-accused petitioner Qadar alias Doctor, the only evidence available on record regarding his involvement is that the co-principal accused has mentioned him as owner of the heroin in his judicial confession, but it has been retracted in his bail application. As such his case becomes arguable for the purpose of bail. I, therefore, accept the bail application of accused petitioner Qadar alias Doctor. He may be released on bail if he furnishes bail bond in the sum of Rs,200,000 with B two sureties, each in the like amount, to the satisfaction of Illaqa Judicial Magistrate/ Magistrate on Duty.
Cited by 1 case
- JIHAD ALI Versus State 2017 YLRN 36