Atif-Ur-Rehman vs The State and another
This petition for leave to appeal was filed by the petitioner, Atif-ur-Rehman, challenging the Peshawar High Court's order that declined his post-arrest bail in a case registered under section 9(c) of the Control of Narcotic Substances Act, 1997. The core legal question before the Supreme Court was whether the petitioner was entitled to bail given the circumstances of the recovery of narcotics. The Supreme Court observed that no narcotics were recovered from the vehicle driven by the petitioner. Furthermore, the Court noted that the Anti-Narcotics Force officials already possessed knowledge regarding the narcotics found in a separate truck, meaning no new facts were discovered based on the petitioner's pointation. Consequently, the Court held that the petitioner's case fell within the scope of further inquiry under section 497(2) of the Code of Criminal Procedure, 1898. The Supreme Court converted the petition into an appeal, allowed it, and granted the petitioner post-arrest bail, subject to the satisfaction of the trial court, while leaving the determination of the applicability of section 15 of the CNSA to the trial court after evidence is recorded.
- Does the absence of recovery from a vehicle driven by an accused entitle them to bail in a narcotics case?
- Does information already known to law enforcement officials constitute a 'new fact' discovered on the pointation of an accused?
- When does a case fall under the scope of further inquiry pursuant to section 497(2) of the Cr.P.C. in narcotics offences?
- section 9(c) of the Control of Narcotic Substances Act, 1997
- section 15 of the CNSA
- subsection (2) of section 497, Cr.P.C.
ORDER
SARDAR TARIQ MASOOD, J.---Through this petition the petitioner Atif-ur-Rehman has impugned the Order dated 23.9.2020 of the Peshawar High Court, D.I. Khan through which post-arrest bail was declined to him in case FIR No.13, registered under section 9(c) of the Control of Narcotic Substances Act, 1997 (CNSA ), on 25.7.2020 at Police Station ANF D.I. Khan,
2. After hearing the learned counsel for the petitioner and learned Special Prosecutor ANF we have observed that nothing was recovered from the vehicle duly driven by the petitioner . According to the prosecution he pointed out another truck from where certain narcotics was recovered and three persons were arrested but the FIR indicates that the ANF officials were already in the knowledge of the narcotics in the said truck. In that eventuality , any new fact was not discovered on the pointation of the petitioner . So far attraction of section 15 of the CNSA is concerned, the trial Court, after recording of evidence, will determine as to whether the said offence is attracted or not. Presently due to the above mentioned reasons, the case of the petitioner calls for further inquiry falling under subsection (2) of section 497, Cr.P.C. Hence this petition is converted into appeal and allowed. The petitioner Atif- ur-Rehman is released on bail in this case, subject to furnishing bail bond in the sum of Rs.5,00,000/- (Rupees five hundred thousand only) with one surety in the like amount to 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.
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