Ejaz Ullah vs State etc
This petition arises from the refusal of the trial court to grant post-arrest bail to the petitioner in a criminal case registered under the Control of Narcotic Substances Act, 1997. The petitioner was apprehended alongside a co-accused in a vehicle from which a substantial quantity of narcotics (94.500 kilograms of Charas) was recovered. The core legal question was whether the petitioner, who was a passenger and not the driver, and from whose personal possession no narcotics were recovered, was entitled to bail pending trial. The Court observed that the prosecution failed to establish a direct nexus between the petitioner and the vehicle or the contraband. Consequently, the Court held that the petitioner's case fell within the scope of 'further inquiry' under the Code of Criminal Procedure, 1898. Emphasizing that the investigation was complete, the petitioner was a first-time offender, and continued incarceration would serve no punitive purpose, the Court granted post-arrest bail. The judgment reinforces the principle that mere presence in a vehicle carrying contraband, without evidence of exclusive possession or control, warrants the grant of bail for further inquiry.
- Is a passenger in a vehicle from which narcotics are recovered automatically liable for the offence of possession?
- Does the absence of exclusive possession of contraband entitle an accused to post-arrest bail under the Control of Narcotic Substances Act 1997?
- When does a criminal case qualify for the grant of bail on the grounds of 'further inquiry' under the Code of Criminal Procedure 1898?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER
Having been fizzled out in obtaining the relief of post-arrest bail from the learned Court below , the petitioner by means of instant petition has prayed for same in a case registered vide FIR No. 01, dated 09.01.2021, offence under Section 9(c) of the Control of Narcotic Substances Act, 1997, at P .S. BMP Rakhi Garg, District D.G. Khan.
2. The promo of prosecution story as contained in the crime report is that on 09.01.2021 at 11.30 AM, the police posse of BMP while checking intercepted Mazda Dalla bearing No. 113/NAD driven by Abdul Shakoor and on its front seat, the petitioner was sitting and from the body of Mazda 105 packets of Charas wrapped in shopping bags each weighing 900 grams total 94.500 kilograms Charas was recovered. Hence, this case was registered.
3. Arguments heard. Record perused.
3. It has been observed that when the petitioner was arrested by the Border Military Police (BMP), he was not driving the car nor any narcotics was recovered from his exclusive possession rather he was sitting on the front seat of the Dala/vehicle. Learned Law officer under instructions of the police officer present in the Court states that there is nothing on the record to connect the petitioner with the Dala in question. In these circumstances, the case of the petitioner becomes one of further inquiry falling within the ambit of Section 497, Cr.P.C. In this context reliance is placed upon case titled Hussain Ullah v. State and another (2019 SCMR 1651 ). The investigation of this case has already been completed; the petitioner is behind the bars since his arrest and is no more required for further investigation. In such backdrop, by keeping him behind the bars for an indefinite period would serve no useful purpose. Even otherwise when confronted, learned Law Of ficer states that petitioner is previous non-convict.
4. In view of above, the petition in hand is allowed subject to furnishing bail bonds by the petitioner in the sum of Rs. 5,00,000/- (five lac) with one surety in the like amount to the satisfaction of learned trial Court and he is admitted to post arrest bail.