Imtiaz alias Tajoo vs State and another
This matter arises from a post-arrest bail petition filed by Imtiaz alias Tajoo in case FIR No. 289/2020 registered under Section 9-C of the Control of Narcotic Substances Act, 1997 at Police Station Saddar Samundri, Faisalabad, concerning the alleged recovery of 1460 grams of 'bhokhi'. The core legal question is whether the petitioner is entitled to post-arrest bail in the circumstances of the case, considering evidentiary gaps and statutory parameters. The Lahore High Court allowed the petition, holding that the petitioner's case called for further inquiry under Section 497(2) of the Code of Criminal Procedure, 1898, noting that the petitioner was a first-time offender, the FIR lacked the time of the alleged occurrence, no private witnesses were cited, and investigation was complete with no progress in the trial due to Covid-19. The key principle laid down is that where the recovery of narcotics lacks corroborative details such as time and private witnesses, and the accused has suffered prolonged pre-trial incarceration without progress in the trial, a case for further inquiry is made out warranting the grant of bail.
- Whether the absence of the time of occurrence in the FIR makes the case one for further inquiry?
- Does the lack of private witnesses for the recovery of narcotics justify the grant of post-arrest bail?
- Whether prolonged incarceration of an under-trial prisoner without trial progress due to Covid-19 is a ground for bail?
- Section 9-C, Control of Narcotic Substances Act 1997
ORDER
C.M. No. 01/2020 For the reasons recorded therein, the instant CM.; for placing on record additional documents is allowed subject to all just and legal exceptions.
Main case.
2. Through this petition, Imtiaz alias Tajoo accused in case FIR No. 289/2020 dated 04.07.2020 registered at Police Station Saddar Samundri, Faisalabad for the of fence under Section 9-C, Control of Narcotic Substances Act, 1997 seeks post arrest bail.
3. As per FIR, petitioner was apprehended by police and on his personal search, 1460 grains `bhokhi' was recovered.
4. Arguments heard. Record perused.
5. Petitioner is first of fender as there is nothing on record-about his previous involvement in such like cases. It has been pointed out that no time of alleged occurrence has been mentioned in the body of complaint. Point agitated by learned counsel regarding recovery of narcotics needs thorough scrutiny by trial Court. No private person from has been cited as witness. In this backdrop, guilt of petitioner needs further probe and his case calls for further inquiry .
Investigation has already been completed and person of petitioner is no more required by police. Petitioner was arrested in this case on 04.07.2020 and since then he is in jail, however , there is no progress in his trial due to Covid-19. Further incarceration of petitioner in jail as under-trial prisoner would serve no useful purpose.
6. For the reasons recorded above, petition in hand is allowed. Petitioner be released on bail subject to his furnishing bail bonds in the sum of Rs. 2,00,000/- with one surety in the like amount to the satisfaction of learned trial Court.