This petition for leave to appeal arose from the denial of post-arrest bail to the petitioner in a case involving the recovery of heroin at Bacha Khan Airport, Peshawar. The petitioner was charged under sections 9(c), 13, and 15 of the Control of Narcotic Substances Act, 1997. The primary legal question was whether the statement of a co-accused made to the police could serve as sufficient evidence to justify the continued detention of the petitioner. The Supreme Court observed that the only material implicating the petitioner was the statement of a co-accused, a police constable. Invoking Article 38 of the Qanun-e-Shahadat Order, 1984, the Court held that an admission made by an accused before the police is inadmissible as evidence against a co-accused. The Court further noted that the petitioner's alleged involvement in other cases was irrelevant to the current determination. Consequently, the Court found the case to be one of further inquiry, converted the petition into an appeal, and granted bail subject to sureties.
' NASIR-UL-MULK, J.---The petitioner is one of the many accused, charged in a case registered under sections 9(c), 13 and 15 of the Control of Narcotic Substances Act, 1997, after the narcotics (heroin) was recovered from one, Mirza Naeem Baig, while proceeding to take a flight abroad from Bacha Khan Airport Peshawar by Qatar Airways. Five accused, Amjad Mahmood, Muhammad Sharif, Saeed Ahmad, Haji Shafat and Raja Muhammad Younas have been arrested.
2. The petitioner was denied bail by the Trial as well as the High Court: After hearing the counsel for the parties and going through the record; we have noted that the only material implicating the petitioner is the statement of co-accused, Amjad Mahmood, Constable. Under Article 38 of Qanun- e-Shahadat Order, 1984, admission of an accused before police cannot be used as evidence against the co-accused. This point was also urged before the High Court but not convincingly attended to. The argument on behalf of the learned counsel for the respondent, Anti-Narcotics Force (ANF), that the petitioner was involved in other similar cases is not relevant to the present matter. On the available record, the case against the petitioner is that of further inquiry. The petition is, therefore, converted into appeal and allowed. The impugned judgment of the High Court is set aside. The petitioner is granted bail on furnishing of bail bonds to sum of Rs,500,000 with two sureties each in the like amount for 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.