MUSA KHAN vs The STATE
This is a bail application filed by Musa Khan seeking post-arrest bail in a case registered under Section 9-C of the Control of Narcotic Substances Act, 1997. The prosecution alleged that 200 kilograms of charas was recovered from a car driven by the applicant's co-accused brother, while the applicant was allegedly driving a separate vehicle escorting him. Nothing was recovered directly from the applicant or his vehicle. The core legal question was whether the applicant's alleged role as an escort in narcotics trafficking warrants further inquiry, entitling him to bail. The Balochistan High Court held that since no contraband was recovered from the applicant and the question of whether he was escorting the co-accused requires determination at trial, his case falls within the ambit of further inquiry under a tentative assessment. The court laid down the principle that where no direct recovery is effected from an accused and culpability regarding an alleged escort role depends on further evidence, the accused is entitled to the concession of post-arrest bail.
- Whether an accused from whom no narcotics were recovered can be granted bail when alleged to be escorting a co-accused?
- Does the allegation of escorting a vehicle carrying narcotics fall within the scope of further inquiry under criminal jurisprudence?
- Whether prolonged detention without active recovery warrants the grant of bail in narcotics cases?
- Section 9-C, Control of Narcotic Substances Act, 1997
- Section 169, Code of Criminal Procedure 1898
ORDER
' GHULAM MUSTAFA MENGAL, J.---The applicant Musa Khan son of Haji Sardar Muhammad is seeking bail in crime bearing F.I.R. No,1 of 2013 of Levies Thana, Saranan, Pishin registered under section 9-C of Control of Narcotic Substances Act, 1997 on 24th January 2013 by Dafedar Muhammad Fazal, alleging therein that on the said date he was on patrolling duty along with other Levies officials. During course of patrolling he received spy information on mobile phone that two vehicles bearing Registration No,AFM-902 (white color 2-D) and Registration No,PG-6618 Karachi (white color Corona) are coming from Chaman side toward Saranan, through which Narcotics is being smuggled. In consequence of this information, the complainant laid a Nakabandi near Sulemanzai Cross at Quetta Chaman road. At about 5-00 p.m. a white color 2-D motorcar having number Plate No,AFM-902 arrived there, which was stopped. On inquiry driver of the car disclosed his name as Muhammad Musa son of Haji Sardar Muhammad. The search of the car was conducted but nothing was recovered from the said car. Meanwhile another white color Corona car bearing Registration No,PG-6618 arrived there. The driver of the car was given a signal to stop but he accelerated the speed. The car was chased and intercepted at some distance. The person driving the car was apprehended at the spot. He introduced himself as Muhammad Issa son of Haji Sardar Muhammad. Search of the car led to recovery of 4 packets of backed charas from trunk of the car. The charas was weighed and found 200 kilogram, which was taken into possession through a recovery memo in presence of witnesses. Muhammad Issa informed the complainant that driver of the car bearing Registration No,AFM-902 is his brother, who was escorting him. One kilogram of the recovered contraband was separated for chemical analysis and sealed in parcel No,1, while the remaining was sealed into parcel No,2. Both the accused were arrested.
2. The applicant's application for grant of bail was rejected by the learned Sessions Judge, Pishin vide order dated 10th May 2013, hence this bail application.
3. Mr. Muhammad Akbar Sani, learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in this case by the complainant and as per record of the case nothing was recovered from the applicant as well as his vehicle. He further contended that there is nothing on record that the applicant was helping the co-accused in trafficking the narcotics; therefore, the investigating officer released the applicant under section 169, Cr.P.C. And placed his name in Column No,2 of the challan but the learned trial judge during the trial sent the applicant to jail by cancelling surety bonds of the applicant; thus the applicant is entitled to the concession of bail.
4. On the other hand Mr. Abdul Sattar Durrani, learned Deputy Prosecutor General has opposed the bail application on the ground that the applicant was escorting and helping the co-accused in trafficking the narcotics; therefore, he is not entitled to the concession of bail.
5. We have heard the learned counsel for the parties and perused the record. The main contention of the learned counsel for the applicant is that the alleged 200 kilogram charas was not recovered from the possession/car of the applicant but it was allegedly recovered from the car driven by the co-accused namely Muhammad Issa and the allegation against the applicant is that he was escorting and helping the co-accused in trafficking the narcotics. It is yet to be determined at the trial whether the applicant was escorting the co-accused or not. On the basis of tentative assessm ent of the material so far available on record, prima facie, the case of the applicant falls within the ambit of further inquiry. The applicant is behind the bars since the date of his arrest and his further detention in the jail would not serve any purpose.
6. For what has been discussed above, this bail application is accepted and applicant is admitted to bail subject to furnishing bail bonds in the sum of Rs,1,00,000 (Rupees one lac only) with P.R of the like amount to the satisfaction of Additional Registrar/Registrar of this Court or the trial Court.
7. Above are the reasons of our short order dated 3rd June, 2013.