Rab Nawaz vs The State and others
This post-arrest bail petition was filed by the petitioner who was accused of transporting 3290 grams of Charas recovered from underneath the front seat of his car, leading to an offense registered under Section 9(c) of the Control of Narcotic Substances Act, 1997. The petitioner contended that the prosecution's story was concocted because he suffered from a severe physical disability rendering him unable to drive. A medical report from the Superintendent of District Jail, Jhang, confirmed that the petitioner could not walk without support, his left leg remained straight due to the removal of his knee joint, and he was admitted to the jail hospital. The Lahore High Court observed that the petitioner was a previous non-record holder, the investigation was complete, and the Chemical Examiner's report was still awaited. Relying on Supreme Court precedent, the Court held that the petitioner's physical hazards and the presumption of innocence justified the grant of bail. Consequently, the petition was allowed, and post-arrest bail was granted subject to furnishing bail bonds.
- Whether a petitioner's severe physical disability and inability to walk or drive without support can make a case fit for the grant of post-arrest bail in a narcotics case?
- Does the non-receipt of the Chemical Examiner's report, coupled with the completion of investigation and lack of previous criminal record, support the grant of bail in a narcotics offense?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
ANW AARUL HAQ PANNUN, J.---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.326, dated 23.10.2020, offence under section 9(c) of the Control of Narcotic Substances Act, 1997, with P.S. Shorkot Cantt, District Jhang, facing the allegation that on the aforesaid date, his car was intercepted by the police contingents and on search of the car, underneath the front seat, Charas weighing 3290 grams was allegedly recovered. Hence, this case was registered.
2. Arguments heard. Record perused.
3. Bare perusal of the crime report reflects that allegedly the petitioner was captu red while he was driving the car but as per stance of the' learned counsel for the petitioner that the story of occurr ence, has been concocted, that petitioner is suffering from physical disability and as such he is unable to drive the car. In response to order dated 04.02.2021 whereby a report from the Superintendent, District Jail, Jhang was requisitioned, the report bearing memo No.1626 dated 12.02.21 discloses in its last para that:- " ........At present admitted in jail Hospital with external support, Cellulites deve loped. Examined by orthopedic surgeon from DHQ Hospital, Jhang is medication and daily dressing. He cannot walk without any support and left leg remains always straight due to absence of knee joint removal during operation".
Perusal of the report further reflects that petitioner is suffering from old firearm injury left femur operated from Allied Hospital Faisalabad on 28.02.2019 with metallic open fixation, which was removed after about one year. Thereafter external plastic leg support applied. Thus, in such backdrop, case against the petitioner has, at least, become to be one for .his release on bail due to physical hazards, he is confined in jail. Moreo ver, till the time, the accused is found guilty , he is presumed to be innocent. Even otherwise, the report of Chemical Examiner has not been received so far. The investigation of this case has B already been completed. Learned Law Officer affirms that the petitioner is previous non-record holder .
4. In view of above, while relying upon case titled Hussain Ullah v. State and another (2019 SCMR 1651 ) the petition in hand is allowed and the petitioner is admitted to post arrest bail subject to his furnishing C bail bonds in the sum of Rs.100,000/- (rupees one lac) with one surety in the like amount to the satisfaction of learned trial Court.
The above observations are tentative in nature and would not be taken as conclusive, have been made in view of circumstances of this case and the available record. The learned trial court shall have the privilege to personally watch the accused and shall decide the case in accordance with law .