ALI REHMAN vs THE STATE
This matter concerns a bail petition filed by a taxi driver accused of transporting narcotics. The petitioner was apprehended alongside two co-accused when police recovered 20 kilograms of charas from a shopping bag placed between the feet of a co-accused in the petitioner's taxi. The core legal question was whether the petitioner, as a hired driver, possessed the requisite conscious knowledge of the contraband to justify continued incarceration pending trial. The Court observed that the petitioner was merely a hired driver, had no prior relationship with the co-accused, and was not expected to search passenger luggage. Furthermore, the Investigating Officer's own records indicated a degree of satisfaction regarding the petitioner's potential innocence. Consequently, the Court held that the petitioner's involvement remained a matter for trial and that denying bail would be unjustifiable. The key principle laid down is that in cases of narcotics recovery from a public transport vehicle, the mere presence of a driver does not automatically establish conscious possession or knowledge of contraband, and bail should be granted where such knowledge is debatable and not prima facie established.
- Does the mere presence of a driver in a vehicle containing narcotics establish conscious possession for the purpose of denying bail?
- Is a taxi driver legally required to search the luggage of passengers to avoid criminal liability for narcotics transportation?
- Can the investigative record regarding a suspect's innocence be considered by the court when deciding a bail application?
- Section 9(c), Control of Narcotic Substances Act 1997
1. DOST MUHAMMAD KHAN, J.---Petitioner had been booked for crime under section 9(c), C.N.S. Act, Police Station Phandu, Peshawar, vide F.I.R. No, 855 dated 14-10-2009, thus, he seeks bail through the instant petition.
2. ' Arguments heard and record perused.
3. Brief Facts: 2.It is the case of the prosecution that the petitioner was a taxi driver and his taxi car was hired by the two co-accused for Rs, 500. However, while in transit they were intercepted by the police party headed by Noor Elahi S.H.O. of the Police Station and on search a shopping bag was recovered, lying in between the feet of Habibur Rehman co-accused and on search 10 packets of charas were recovered therefrom, weighing 20 kgs.
4. 3.During the course of investigation, the statement of all the three accused were recorded, wherein the lady accused has squarely stated that the driver/petitioner was not involved and had no knowledge about the narcotics and similar is the statement of the petitioner. Although such statements are not admissible under the law of evidence, however, when the Investigating Officer has recorded the same, there was a definite purpose behind that, that he was to some extent at the moment satisfied with regard to the innocence of the petitioner.
5. 4.The petitioner belongs to Bada Bher, Peshawar, while the two accused belong to Hangu Orakzai Agency. They are not related to each other and the possibility that the petitioner might have taken them to their destination, because his car was hired. He was not supposed to search the luggage of the passenger and whether he was having conscious knowledge about the narcotics or not is still open to debate. Let the prosecution connect him with the crime at the trial, but till then refusal of bail to him would not be justifiable.
6. ' For the above stated reasons, this petition is allowed and the petitioner is granted bail in the sum of Rs, 4,00,000 (four lac) with two reliable sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.