Khan Zeb vs The State through Special Prosecutor, A.N.F.
The petitioner sought post-arrest bail after being apprehended as a passenger in a vehicle from which contraband was recovered, facing charges under the Control of Narcotic Substances Act, 1997. The Peshawar High Court had previously declined his bail application. The core legal question before the Supreme Court was whether a passenger in a vehicle carrying narcotics, without established prior connection or relationship with the driver, is entitled to post-arrest bail on the ground of further inquiry. The Supreme Court converted the petition into an appeal and allowed it, granting bail to the petitioner. The court held that where investigation fails to establish any prima facie connection or relationship between the passenger and the driver regarding the recovered contraband, a case for further inquiry under Section 497(2) of the Code of Criminal Procedure is made out, entitling the accused to bail.
- Whether a passenger travelling in a vehicle from which narcotics are recovered is entitled to post-arrest bail when no connection or relationship with the driver is established during investigation?
- Does the absence of data establishing a link between a vehicle's passenger and driver make out a case for further inquiry under criminal jurisprudence?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
ORDER
MUSHIR ALAM, J.---Petitioner seeks post-arrest bail in Crime No. 41 dated 09.05.2017 for offence under sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997 registered at Police Station, ANF, Peshawar , which was declined by the learned Peshawar High Court, Peshawar vide the impugned judgment dated 13.07.2017.
2. Petitioner who was travelling in the same vehicle apprehended along with driver . Contraband item was recovered from the same vehicle. Driver is still facing the trial, however , Petitioner was also denied bail. The matter was fixed on 02.01.2018 when the learned Special Prosecutor , ANF and the Investigating Officer, present in Court, were enquired whether investigation was carried out to establish any connection or relationship between the passenger and the driver . It was stated that no such exercise has been carried out nor any data has been collected or verified to establish their previous connection or relationship.
3. In this view of the matter , in the light of the judgment rendered in the cases of The State through Director General, ANF v. Said Ahmed (2011 SCMR 908) and Javed v. The State (2017 SCMR 531), the petitioner being a passenger in the vehicle and since no connection, prima facie, has come on record, therefore, a case for further inquiry is made out. Accordingly , this petition is converted into an appeal and the same is allowed. The appellant- Khan Zeb is admitted to bail subject to furnishing bail bonds in the sum of Rs.100,000/ - (rupees one hundred thousand) with two sureties in the like amount to the satisfaction of the learned 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.
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