Malik ABRAHIM vs The STATE
This criminal petition seeks the confirmation of pre-arrest bail in a case registered under the Control of Narcotic Substances Act, 1997, and The Prohibition (Enforcement of Hadd) Order, 1979. The prosecution alleged that the petitioner was identified fleeing the scene of a police raid after discarding a bag containing 515 grams of Charas Garda and six bottles of liquor. The core legal question was whether the petitioner was entitled to pre-arrest bail given the evidentiary basis for his identification. The Court held that the prosecution's case rested solely on the identification provided by a secret informer who was not cited as a witness, and there was no other material on record to prima facie establish the petitioner's identity as the person who fled the scene. Consequently, the Court confirmed the interim pre-arrest bail. The key principle laid down is that where the prosecution's case regarding the identity of an accused relies entirely on an uncorroborated secret informer, and the accused was not apprehended at the spot, the accused is entitled to the concession of pre-arrest bail.
- Is an accused entitled to pre-arrest bail when the prosecution's identification of the accused relies solely on an uncorroborated secret informer?
- Does the absence of the accused at the scene of the crime during a police raid constitute a ground for granting pre-arrest bail?
- Can interim bail be confirmed when there is a lack of prima facie material connecting the accused to the recovered contraband?
- Section 9(b), Control of Narcotic Substances Act 1997
- Article 3, The Prohibition (Enforcement of Hadd) Order 1979
- Article 4, The Prohibition (Enforcement of Hadd) Order 1979
ORDER
' Through the instant petition, the petitioner seeks his enlargement of bail before arrest in case FIR No. 798, dated 5-11-2014, offence under Section 9(b) of the Control of Narcotic Substances Act, 1997, read with Articles 3, 4 of The Prohibition (Enforcement of Hadd) Order, 1979, registered at Police Station Waris Khan, Rawalpindi.
2. It is the prosecution case that on receipt of secret information, Muhammad Iqbal S.I. Conducted .a raid in the area of Glass Factory Chowk, Rawalpindi, where the petitioner, on seeing the police party, succeeded in fleeing away, while throwing a polythene bag at the spot, which when checked, was found to. Contain 515 grams Charas Garda and six bottles of liquor.
3. Having heard learned counsel for the petitioner and learned Special Public Prosecutor for the ANF, it is observed that admittedly, the petitioner was not apprehended at the spot and it is yet to be seen as to whether one, who succeeded in fleeing away throwing the polythene bag, containing Charas Garda and bottles of liquor, was in fact the present petitioner or somebody else. The police believed that it was the petitioner, who succeeded in running away by throwing the said contraband material and basis of this belief is the disclosure made by the secret A informer, who has not been cited as a P.W. In this case, hence, it appears that with regard to the identity of the petitioner, prima facie, no material is available on record with the prosecution. The above circumstances suggest that the petitioner deserves confirmation' of interim bail before arrest earlier allowed to him. Hence, the instant petition is allowed. The interim bail before arrest is confirmed subject to his furnishing fresh bail bonds in the sum for Rs.1,00,000 with one surety in the like amount to the satisfaction of the learned trial court.