SHAMEER HUSSAIN @ LAAL vs STATE and another
This is a criminal petition filed by Shameer Hussain alias Lal seeking post-arrest bail in case FIR No. 411 dated 23.10.2014 registered under Section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question revolves around whether the petitioner is entitled to post-arrest bail given the dubious nature of the prosecution's story, where the complainant retained the alleged narcotic for twelve days before producing it at the police station and had prior criminal involvement in narcotic cases. The Lahore High Court held that the circumstances rendered the petitioner's case a fit one for the grant of bail under Section 51 of the act, noting the possibility of false involvement for ulterior motives, the petitioner's lack of previous criminal antecedents, and that he was no longer required for further investigation. The key principle laid down is that an unexplained and delayed production of narcotics by a complainant with a criminal record, coupled with suspicious circumstances, creates sufficient further inquiry grounds to warrant post-arrest bail.
- Whether delayed production of recovered narcotics by the complainant at the police station makes the case one of further inquiry for the purpose of bail?
- Does the previous criminal involvement of a complainant in narcotic cases warrant caution regarding the false implication of an accused?
- Is a petitioner entitled to post-arrest bail when no further investigation is required and they have no previous criminal antecedents?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 51, Control of Narcotic Substances Act 1997
ORDER
Through this petition, Shameer Hussain alias Lal, petitioner seeks post arrest bail in case FIR No. 411, dated 23.10.2014, registered under Section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station Qureshi, District Muzaffargarh.
2. The precise facts are that on 23.10.2014 Mazhar Hussain complainant, along with his brothers Sajjad Hussain and Aslam PWs attended the Police Station with chars weighing 1060 grams, with the contention that it was concealed by the petitioner in his house, in a heap of chaff.
3. Arguments heard. Record perused.
4. As per FIR, the petitioner had concealed the narcotic, in house of the complainant, in a heap of chaff during the night between 11/12.10.2014 but he produced it in the Police Station on 23.10.2014. The above mentioned story whereby the complainant after keeping the narcotic with him for about 12- days had produced it in the police station, with the above mentioned contention seems dubious.
When the complainant was possessor of the narcotic then he was also required to be questioned but the police failed to take any notice of it. It has been observed that the complainant remained involved in so many narcotic cases, registered against him at Police Station Qureshi, District Muzaffargarh. Possibility of false involvement of the petitioner to achieve some ulterior motive could not be ruled out.
5. The above mentioned facts and circumstances, in our view, have made the case of the petitioner a fit one for grant of bail, within the meaning of Section 51 of the act ibid. The petitioner is behind the bars, he is no more required, for any further investigation in this case and does not have any previous criminal antecedent.
6. Resultantly, the instant petition is accented and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.2,00,000/- (rupees two lac only) with two sureties each, in the like amount to the satisfaction of the learned trial Court.