Bakhtiyar Alam vs The State
The petitioner sought post-arrest bail in a case registered under Sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997, after his earlier bail application was dismissed by the Special Court. The prosecution alleged that 12 kilograms of opium was recovered from the trunk of a vehicle on the identification of the petitioner and his co-accused, who was sitting on the front seat. The core legal question was whether the petitioner was prima facie connected to the commission of the offence and entitled to post-arrest bail given the large quantity of narcotics recovered. The Islamabad High Court held that a deeper appreciation of the record is not permissible at the bail stage and that the recovery of narcotics on the petitioner's identification indicated conscious knowledge, prima facie connecting him to the offence. The court ruled that the offence fell within the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898, read with Section 51 of the Control of Narcotic Substances Act, 1997, and accordingly dismissed the bail petition.
- Is a deeper appreciation of the record permissible at the bail stage?
- Does the recovery of narcotics on the identification of an accused indicate conscious knowledge for the purpose of bail?
- Does an offence punishable by death or life imprisonment under the Control of Narcotic Substances Act, 1997 attract the prohibitory clause of Section 497 of the Code of Criminal Procedure, 1898?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
- Section 497(2), Code of Criminal Procedure 1898
- Section 51, Control of Narcotic Substances Act 1997
ORDER
SAMAN RAFAT IMTIAZ J. The Petitioner seeks post-arrest bail in FIR No.92/2021 dated 14.11.2021 for the offences under Sections 9(c)/15 of the Control of Narcotic Substances Act, 1997 registered at Police Station ANF RD North, Rawalpindi, which was earlier declined by the Learned Judge Special Court (CNS) vide order dated 07.01.2022.
2. Case of the prosecution as per the FIR is that on 14.11.2021, the complainant along with the constables were on patrolling duty at around 12:50 pm when spy information was received that a vehicle, Suzuki WagonR bearing Registration No.AHV-940 (black coloured) and a vehicle, Suzuki Mehran bearing Registration No.ARS-932 (white coloured) have come from some agency after illegally passing through blockade and are now parked in the parking area near Sillani Alms House, PIMS Hospital, Islamabad wherein there is a huge quantity of narcotics. At about 01:00 p.m. both the said vehicles were found parked at the aforementioned location. One accused namely Mir Asmat s/o Asmat Ullah Zeb, resident of House No. 12/2, Street No.6, Mohallah Gharibabad, Peshawar was apprehended from WagonR, who opened the trunk of his car and pointed out a shopping bag, containing heroine which on weighing along with the packets turned out to be 32.750 kilogram in total.
3. Whereas, one. Waqar Ahmed s/o Misal Khan, resident of Lagondi, Jamrood, Tehsil Jamrood, District Khyber Agency was found on the driving seat of the 2 vehicle i.e., Suzuki Mehran, Registration No. ARS-932, and Bakhtiyar Alam s/o Aleem Khan (present Petitioner), resident of Kokikhail, Post Office Khusrodand, Tehsil Jamrood, District Khyber Agency on the front seat. 12 kilograms of opium was recovered from the trunk on their identification. Ten grams of opium and heroin from each packet were separated and sent for chemical examination whereas, the remaining narcotics along with the bags were taken into possession and sealed. Hence this FIR.
4. Learned counsel for the Petitioner , inter alia, contended that the case against the Petitioner is absolutely false and fabricated one and the Petitioner is innocent and has no concern with the alleged offence; that the Petitionernd has committed no offence whatsoever; that he was not on the driver 's seat and there is no connection between him and the driver; that he has been involved due to ulterior motives and the forged recovery has been planted against him; that the case of the Petitioner is one of the further inquiry and probe meaning thereby Section 497(2) Cr.P.C. attracts with full vigor and stringency; that the Petitioner is in judicial lock up since his date of arrest i.e 14.11.2021 and no more required by the Prosecution for further investigation; that the Petitioner is behind the bars and the investigation has been completed, therefore, his confinement in lock-up will serve no useful purpose; that the Petitioner is ready to furnish sufficient bail bonds for the entire satisfaction of this Court.
5. Conversely , the learned Special Prosecutor , ANF, has strongly opposed this bail petition on the ground that huge quantity of heroin has been recovered from the Petitioner and that there is also other sufficient evidence available on record to connect the Petitioner with the commission of this heinous of fence.
6. Arguments heard and the available record perused.
7. It is trite law that a deeper appreciation of the record at the bail stage is not permissible rather it is to be seen if the accused is prima facie connected with the offence. Keeping in view such principle, it is observed that narcotics were allegedly discovered by the police on the identification of the Petitioner , which indicates conscious knowledge on his part and as such prima facie provides the connection of the Petitioner with the of fence.
8. For the foregoing facts and reasons, this Court finds that prima facie there is sufficient material on record to believe involvement of the Petitioner in the alleged offence that is punishable by death or life imprisonment. The said offence, therefore, falls within the ambit of the prohibitory clause of Section 497, Cr.P.C., read with the bar contained in Section 51 of the Control of Narcotic Substances Act, 1997.
9. Resultantly , we do not find substance in this Petition, which is hereby dismissed .
10. Needless to mention that the above observations are tentative in nature, which shall in no way prejudice the learned Trial court.