ASHIQ ALI vs The STATE
The petitioner Ashiq Ali sought post-arrest bail in case FIR No.10 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997, relating to the alleged recovery of four kilograms of charas concealed inside a gas heater in a passenger vehicle. The core legal question was whether the petitioner's nexus with the recovered narcotics was established sufficiently to deny bail, given that the recovery was from a gas heater rather than his direct personal possession and key corroborative evidence was lacking at the pre-trial stage. The Peshawar High Court held that in the absence of a travelling ticket, supporting statements from the vehicle's crew or passengers, and definitive proof of ownership of the heater, the petitioner's connection to the contraband required further probe. Consequently, the petition was allowed, and the petitioner was admitted to post-arrest bail subject to furnishing suitable bail bonds. The key principle laid down is that where recovery is effected from a shared or neutral object rather than direct personal possession and essential corroborative links are missing, the case warrants further inquiry under Section 497(2) of the Code of Criminal Procedure 1898, entitling the accused to bail.
- Is an accused entitled to bail when narcotics are recovered from a shared or neutral object rather than direct personal possession?
- Whether the absence of a travelling ticket and corroborative statements from transport crew creates a case for further probe under criminal law?
- Can bail be granted under the Control of Narcotic Substances Act when the nexus between the accused and the recovered contraband is yet to be determined at trial?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
ROOH-UL-AMIN KHAN, J.---Ashiq, the petitioner, seeks bail in case FIR No.10 dated 21.01.2017, registered under section 9(c), Control of Narcotic Substances Act, 1997 in Police Station ANF, Peshawar.
2. As per contents of FIR, allegations against the petitioner are that on 21.01.2017 at 11.00 hours, near motorway Toll Plaza Peshawar, when Abid Usman Inspector ANF along with other ANF officials, intercepted a passengers' vehicle Hiace bearing registration No.LES.4644 and asked about a suspected gas heater lying near the petitioner's seat, the petitioner claimed its ownership and on cursory interrogation disclosed about concealment of narcotics in it. Resultantly, the ANF officials recovered 04 packets charas, each weighing one Kilogram, making the total of 04 Kilograms from the said heater. From each packet 10/10 grams were separated for the purpose of chemical analysis by the FSL. The petitioner was arrested, hence, this case.
3. Having heard the arguments of learned counsel for the parties, it appears from the record that the alleged recovery has not been effected from direct/personal possession of the petitioner rather from a gas heater. In absence of recovery of travelling ticket of the petitioner in the said vehicle, statements of driver, conductor, and any passenger as well as any proof qua the ownership of the heater, the nexus of the petitioner with the alleged recovered narcotics is yet to be determined during trial after recording evidence, however, at the moment these circumstances require further probe into the guilt of the petitioner, hence, he is entitled to the concession of bail.
4. Accordingly, this petition is allowed. Accused/petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs.2,00,000/- with two local, reliable and resourceful sureties each in the
Cited by 1 case
- Rana Sanaullah Khan vs The State and another PLJ 2020 Cr.C. (Lahore) 300, 2019 LHC 4122