Muhammad Arshad Khan vs State
This criminal petition is directed by the accused-petitioner, Muhammad Arshad Khan, seeking post-arrest bail in case FIR No. 169 dated 25.03.2021 registered under Section 9-D of the KP-CNSA at Police Station City, District Kohat, involving the alleged possession of 6000 grams of charas. The core legal question revolves around whether the accused is entitled to bail despite a large quantity of narcotics recovered, given the prosecution's lapses in the investigation and record-keeping. The Peshawar High Court held that cumulatively, the slackness in the investigation, the absence of vehicle registration details or the driver's statement, the lack of entry register copy, and the discrepancy between the narcotics described in the FIR and the Forensic Science Laboratory report make the case one of further inquiry under Section 497(2), Code of Criminal Procedure 1898. Furthermore, since the investigation was complete, continued incarceration served no useful purpose. The petition was consequently allowed, and the petitioner was granted post-arrest bail upon furnishing appropriate security bonds.
- Whether discrepancies between the substance described in the FIR and the FSL report can make a case one of further inquiry for bail?
- Does slackness on the part of the prosecution in maintaining investigation records entitle an accused to post-arrest bail?
- Can an accused be granted bail in a narcotics case involving a prohibitory clause when further incarceration serves no useful purpose?
- Section 9-D, Khyber Pakhtunkhwa Control of Narcotic Substances Act 2019
Through the instant petition, accused-petitioner (Muhammad Arshad Khan) seeks his release on bail in case FIR No. 169 dated 25.03.2021 under Section 9-D KP-CNSA, registered at Police Station, City (District Kohat), wherein he is charged for possessing 6000 grams charas.
2. Arguments heard and record perused.
3. Alleging to be carrying narcotics while travelling in a rickshaw , the petitioner was apprehended but neither registration of the said rickshaw is mentioned, nor it is mentioned that it was withou t number plate. Besides, there is no statement of the driver of the vehicle available on record to support the version of prosecution. In addition, copy from the entry register No. 19 is also not made part of the record when the challan is also complete and the case is ready to be put in Court for trial. Indeed, the quantity of narcotics recovered would not entitle the accused to the concession of bail, but the slackness on the part of prosecution to keep the recor d up dated and so all the above facts and circumstances taken together , prima facie, makes it a case for further enquiry . Though the report of the FSL is available on record but still the question relating to 'chars garda' in FIR and 'brown solid' in the FSL is to be determined during trial.
4. Moreover , investigation in the case is complete and the accused-petitioner is no more required to the prosecution for the very purpose, therefo re, further incarceration of the accused in jail would not serve any useful purpose.
5. In view of the above, the instant petition is allowed and accused-petitioner is admitted to bail provided he furnishes bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only) with two local sureties each in the like amount to the satisfaction of learned trial Court. The sureties shall be reliable and men of means.