GHULAM QADIR Versus State
This matter concerns a petition for post-arrest bail filed by the petitioner, Ghulam Qadir, who was charged under Section 9(c) of the Control of Narcotic Substances Act, 1997, following the alleged recovery of 2000 grams of Charas from a motorcycle. The core legal question was whether the prosecution had established a sufficient nexus between the petitioner and the contraband, given that the motorcycle used for the alleged transportation was not registered in the petitioner's name. Upon investigation, the Motor Registering Authority confirmed the motorcycle belonged to a third party, and the Investigating Officer failed to link the petitioner to the vehicle or record the owner's statement. The Court held that the prosecution's case regarding the petitioner's possession of the narcotics had become a matter of further inquiry. Consequently, the Court granted post-arrest bail to the petitioner, establishing the principle that where the prosecution fails to establish a clear link between the accused and the vehicle from which narcotics are recovered, the case against the accused warrants further inquiry, thereby entitling the accused to bail.
- Does the failure of the prosecution to establish a link between an accused and the vehicle from which narcotics were recovered constitute grounds for further inquiry?
- Is an accused entitled to bail when the investigating officer fails to investigate the ownership of the vehicle used in the alleged commission of a narcotics offense?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 161, Code of Criminal Procedure 1898
ORDER
Ghulam Qadir son of Arora, the petitioner, through this petition seeks his post-arrest bail in case F.I.R. No.70, dated 6-2-2004, under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station, City Chiniot, District Jhang.
2. According to the prosecution allegations set up in the F.I.R., Javed Iqbal, S.-I. along with other police officials was present on patrol duty when he received a secret information that the petitioner riding motorcycle bearing registration No.8946-LXV Honda CD-70 was bringing a large quantity of narcotics and after lapse of some time he was seen coming on the said motorcycle; he was stopped but throwing the said motorcycle away, he made good his escape towards a graveyard; on search of the motorcycle, Charas weighing 2000 grams was recovered, which was taken into possession and twenty grams sealed parcel was prepared for chemical analysis.
3. It is pleaded on behalf of the petitioner that the motorcycle from which the narcotic substance was allegedly recovered does not belong to the petitioner and he has no link with the same and that the petitioner has been falsely implicated in this case.
4. On the direction of this Court, the Investigating Officer had examined the record of the Motor Registering Authority, Lahore, to find out the ownership of the aforesaid motorcycle, from which the narcotic substance was recovered and according to the report of the Motor Registering Authority, it belongs to one Syed Azam Mahmood son of Hanif Hussain Shah, 24-A, Kabir Street, Urdu Bazar, Lahore, bearing National Identity Card No.273-91-078357 and does not belong to the petitioner. The Investigating Officer has not joined the said owner of the motorcycle in the investigation and has not recorded his statement under section 161, Cr.P.C., to show that he had given the said motorcycle for use to the petitioner or establish any other domain of the petitioner over the said motorcycle. Therefore, the prosecution case that the narcotic substance was allegedly recovered from the petitioner has become a matter of further inquiry and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./G-145/L Bail granted.