Muhammad Saqib vs State
This matter concerns two connected bail petitions arising from FIR No. 853, involving charges under Section 9-D of the Control of Narcotic Substances Act, 1997 and Section 15 of the Arms Act, 1865. The core legal question was whether the driver and passengers of a vehicle, from which 3600 grams of charas were recovered from secret cavities, are entitled to post-arrest bail. The Court held that the driver, being in full command and control of the vehicle, could not feign ignorance of the narcotics, thus establishing a prima facie connection to the offence and disentitling him to bail. Conversely, the passengers were granted bail as their mere presence in the vehicle did not establish the same level of culpability at the tentative assessment stage. The key principle laid down is that while a driver of a vehicle containing contraband may be held liable due to their control over the vehicle, mere passengers may be entitled to bail unless specific evidence links them to the contraband's possession or knowledge.
- Is the driver of a vehicle containing narcotics in secret cavities prima facie liable for the offence?
- Are passengers in a vehicle containing narcotics automatically liable for the possession of the contraband?
- Does the recovery of narcotics from secret cavities of a vehicle establish sufficient grounds to deny bail to the driver?
- Section 9-D, Control of Narcotic Substances Act 1997
- Section 15, Arms Act 1865
ORDER
QAISER RASHID KHAN, CJ:- Through this single order , I intend to dispose of the instant bail petition as well as the connected bail petition No.4189-P/2021 titled "Tipu Sultan and another Versus The State " as both are outcome of case FIR.No.853, dated 5.11.2021 under Sections 9-D CNSA read with section 15 Arms Act of Police Station Cantt. Kohat.
2. Arguments heard and the available record perused.
3. As per the FIR ibid, it was during the course of nakabandi laid by the police at the spot when a motorcar bearing registration No.LEA-3875, coming from Danay Khula was stopped for the purpose of checking, wherein, the accused petitioner Muhammad Saqib was found on the driving seat, while accused-petitioners Tipu Sultan and Aslam Khan occupying the front and the rear seats respectively . After summary interrogation, they were deboarded from the vehicle and while a 30 bore pistol with 25 live cartridges were recovered from the personal possession of the accused-petitioner Tipu Sultan, 3600 grams of charas were recovered from the secret cavities of the vehicle.
4. Since the accused-petitioner Muhammad Saqib was driving the vehicle and was in full command and control of the same, therefore, he cannot, at the moment, feign his ignorance about the presence of the huge quantity of narcotics stashed in the secret cavities of the vehicle in respect of which, the FSL report is also in affirmative. As such, he being prima facie connected with the commission of the offence is held disentitled to the concession of bail. Accordingly , the instant bail application (Cr . Misc. No.4188-P/2021) stands dismissed.
5. Since the accused-petitioners Tipu Sultan and Aslam Khan were found to be occupying the front and the rear seats at the time when the alleged recovery of contraband was effected from the vehicle, therefore, taking a tentative assessment of the available record in the light of the consistent view of the superior courts, their case prima facie qualifies for the grant of bail qua their involvement in the commission of the offence. Hence, I hold them entitled to the concession of bail.
6. Accordingly , the connected bail application (Cr. Misc. BA No.4189-P/2021) is allowed and the accused- petitioners Tipu Sultan and Aslam Khan are admitted to bail provided each one of them furnishes bail bonds in the sum of Rs.2,00,000/- (two lakh) with two sureties, each in the like amount to the satisfaction of the Illaqa / Judicial Magistrate, who shall ensure that the sureties are local, reliable and men of means.
7. The observations recorded in this order being tentative in nature shall not prejudice the proceedings before the learned trial court where the case be decided on its own merits after recording evidence.