NADIR HUSSAIN Versus State
This petition was filed under Section 497 of the Code of Criminal Procedure 1898 seeking post-arrest bail in a narcotics case involving the recovery of 12,500 grams of Charas, registered under Section 9(c) of the Control of Narcotic Substances Act 1997. The petitioner contended that he was falsely implicated, was neither the owner nor driver of the vehicle, and that the police failed to comply with mandatory provisions regarding independent witnesses. The core legal question was whether the petitioner was entitled to bail given the nature of the offence and the procedural irregularities alleged. The Court held that the case required further inquiry due to the absence of a chemical examiner's report, the fact that the Investigating Officer conducted the investigation himself, and the failure to submit a challan within the mandatory period. Consequently, the Court admitted the petitioner to bail, emphasizing that without expert chemical analysis, the prosecution's case remained open to doubt at the bail stage, and procedural lapses in investigation warranted relief.
- Does the absence of a chemical examiner's report at the bail stage constitute grounds for further inquiry in a narcotics case?
- Can an Investigating Officer investigate a case where they are also the complainant or key official involved in the recovery?
- Does the failure to submit a challan within the statutory period entitle an accused to bail?
- Is the non-compliance with Section 103 of the Code of Criminal Procedure 1898 a valid ground for granting bail in narcotics cases?
- Section 497, Code of Criminal Procedure 1898
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 103, Code of Criminal Procedure 1898
ORDER
MALIK HAQ NAWAZ, CJ.---- The petitioner has filed the instant petition under section, 497, Cr.P.C., for grant of bail in case FIR No.19/2020 offences under section 9(c) CNSA registered at Police Station Juglote District Gilgit.
2. Brief facts gathered from the record of the case are that on 04-05-2020 the local police of Police Station Juglote Gilgit on the tip of information searched the vehicle bearing No. NCP GLT-01-5288 and recovered 12500 grams of contraband Charas from the vehicle and the police chalked the FIR No. 19/2020 at P.S., Juglote Gilgit.
3. The petitioner filed bail application before the learned Special Judge CNSA Gilgit which was dismissed on 20-05-2020 and the same has been impugned before this court through the instant petition.
4. The learned counsel for the petitioner submitted that the petitioner is innocent and has falsely been implicated in the instant case with mala fide intention, nothing has been recovered from the petitioner and recovery is planted. He further submitted that the petitioner is neither the owner of the vehicle and nor driver of the vehicle, no chemical examiner report is available on the record and police have violated the mandatory provisions of section 103, Cr.P.C, as no independent witness has been cited in the recovery proceedings. He submitted that this Hon'ble Court has granted bail where joint recovery has been effected. Case of the petitioner requires further inquiry therefore the present petitioner may be allowed bail to meet the ends of justice.
5. On the other hand the learned Dy. A.G submitted that the FIR is promptly lodged and petitioner is directly nominated in the FIR; a huge quantity of Chars has been recovered from the possession of the petitioner while transporting the same. He further submitted that Section 9(c) CNSA, 1997 is non-bailable and capital punishment is provided for the offence.
6. We have heard the learned counsel for the parties at length and also gone through the record of the case with their able assistance.
7. As evident from the FIR No. 19/20 dated 05-05-2020, that the occurrence took place at 2200 hours on 04-05-2020 and the report of the occurrence was lodged on 05-05-2020 at 20030 (not understood) on 05-05-2020, when the police station was at a distance of 5 Km. It is mentioned in the FIR that 5 packets of Charas were recovered from the car and the total weight of the Charas became 12500 grams.10 grams of Charas was separated for chemical experts opinion.
8. Accused were produced before the learned Special Judge Gilgit for remand on 05-05-2019 and as evident from the remand order the SHO stated that 13 Kg of Charas has been recovered from the accused and he requested for physical remand for 06-05-20 to 11-05-20, which was allowed. Total 13 packets of Charas were recovered from the hidden cavities of the car and from the dub of the shalwar of the accused. The chemical examiner report is still awaited. Without report of chemical examiner no expert opinion can be rendered by this Court. The I.O., himself investigated the case, which is itself a mockery in the eyes of law as held in 1990 PCr.LJ 26. The non-submission of challan within mandatory period of 17 days has further made the case as one of the further inquiry.
9. In the light of what has been discussed above the present petitioner/accused is admitted to bail subject to his furnishing of bail bonds amounting to Rs.10,00,000/- (Rupees Ten Lac) with two local sound sureties each in the like amount to the satisfaction of trial court.
10. The instant petition Civil Miscellaneous No.109 of 2020 stands disposed of on the above terms. File.
SA/21/GB Bail granted.
Cited by 1 case
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