Nazar Abbas @ Babo vs State etc
This matter concerns a petition for post-arrest bail filed by the petitioner, Nazar Abbas, who was charged under Section 9-C of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 5000 grams of Charas. The core legal question was whether the petitioner was entitled to bail given the circumstances of the recovery and allegations of mala fides. The Court observed that the recovery memo, while listing specific police officials as witnesses, lacked their signatures, thereby casting doubt on the recovery proceedings and rendering the case one of further inquiry. Furthermore, the Court noted that the petitioner had previously filed a harassment petition against the local police, suggesting potential mala fides and personal grudge as the basis for the petitioner's involvement in the instant case. Consequently, the Court held that the petitioner's case fell within the ambit of further inquiry and granted post-arrest bail. The key principle established is that discrepancies in recovery documentation, combined with evidence of prior animosity or harassment complaints against the complainant, can justify the grant of bail on the grounds of further inquiry.
- Does the absence of signatures of recovery witnesses on the recovery memo render a narcotics case one of further inquiry?
- Can evidence of prior harassment petitions filed by an accused against the police establish mala fides for the purpose of bail?
- Is an accused entitled to post-arrest bail when the prosecution's recovery proceedings are procedurally defective?
- Section 9-C, Control of Narcotic Substances Act 1997
ORDER
Nazar Abbas @ Babo, petitioner seeks post arrest bail in case FIR No. 388/2021 dated 27.03.2021 offence under Section 9-C of CNSA, 1997, registered at Police Station Gulgasht District Multan.
2. The allegation against the petitioner is that on 27.3.2021, complainant along with other police officials on suspicion searched the petitioner and recovered Charas weighing 5000 grams from possession of the petitioner .
3. According to prosecution case, petitioner was apprehended by the police on suspicion and Charas weighing 5000-grams was recovered from his possession which was taken into custody by the I.0 and prepared recovery Memo. It has been noticed that Safdar Mehmood 378/HC and Faisal Kiani 347/HC were the members of the reading team and they were present at the spot during recovery proceedings and their names were mentioned on the recovery Memo.as witnesses. Perusal of recovery memo prepared by the complainant/ I.O. reveals that signatures of said witnesses are not available there which makes the case of the petitioner that of further inquiry .
Prior to registration of instant FIR, petitioner filed harassment petition bearing W.P. 362-2020 against Station House Officer P.S. Gulgasht, Multan and others on 13.01.2012 wherein petitioner took the stance that respondents are adamant to involve him in frivolous cases just to show their efficiency . In these circumstances, false involvement of the petitioner in the instant case on the basis of mala fides on the part of the complainant on account of his personal grudge with the petitioner canno t be ruled out. In view of the above, case of the petitioner comes within the ambit of further inquiry . The petitioner is behind the bars, since his arrest and is no more required by the police for further investigation. No useful purpos e would be served by keeping the petitioner in jail for an indefinite period.
Reliance is placed on case titled "Sakina Bibi vs. The State" ( 2008 SCMR 1 111).
4. For what has been discussed above, this petition is accepted and petitioner is admitted to post arrest bail subject to his furnishing bail bonds in the sum of Rs. 1,00,000/- (Rupees one lac only) with one surety in the like amount to the satisfaction of learned trial Court. However , it is clarified that the observations made hereinabove are tentative in nature and strictly confined to the disposal of this bail petition.