NOOR MUHAMMAD Versus State
The petitioner Noor Muhammad sought post-arrest bail in case F.I.R. No.14 of 2005 registered under section 9(c) of the Control of Narcotic Substances Act, 1997 at Police Station City Mianwali, involving the alleged recovery of eight kilograms of Charas from a vehicle. The core legal question was whether the petitioner was entitled to post-arrest bail on the grounds of rule of consistency with co-accused who were already granted bail and subsequent police exoneration during investigation. The Lahore High Court held that since the petitioner's role was identical to that of co-accused who were earlier admitted to bail due to lack of legally incriminating material, and a subsequent police investigation found the petitioner to be falsely implicated, the petitioner's case fell within the scope of further inquiry. Consequently, the court admitted the petitioner to post-arrest bail, establishing the principle that parity of treatment applies where co-accused with identical roles are granted bail and subsequent investigative findings support non-involvement.
- Whether a petitioner is entitled to post-arrest bail on the rule of consistency when co-accused with identical roles have already been admitted to bail?
- Does an opinion by a police officer during further investigation finding the accused innocent make the case one of further inquiry under criminal procedure?
- Is bail to be granted under section 9(c) of the Control of Narcotic Substances Act, 1997 when there is a lack of legally incriminating material on record?
- Section 9(c), Control of Narcotic Substances Act 1997
ORDER
The petitioner, namely, Noor Muhammad son of Mehar Muhammad, seeks post-arrest bail in case F.I.R. No.14 of 2005, dated 20-1-2005, under section 9(c) of the Control of Narcotic Substances Act, 1997 registered at Police station City Mianwali.
2. According to the prosecution allegation set up in the F.I.R., the petitioner along with his co-accused, namely, Arshad Iqbal, Muhammad Irfan and Muhammad Aslam, were engaged in the business of sale of narcotics and Ghulam Muhammad, Inspector/S.H.O. received information that Arshad Iqbal and Noor Muhammad co-accused had received eight kilograms of Charas from Muhammad Aslam co-accused and would be proceeding on a car bearing No.4228-IDK towards Sargodha and consequently a barricade was arranged and the said car was intercepted, in which the petitioner along with Arshad Iqbal co-accused were present and from search eight kilograms of charas was found which was taken into possession vide recovery memo. A sample sealed parcel was also prepared for chemical analysis.
3. It has straightaway been observed that the. petitioner's co-accused, namely, Muhammad Rehan Khan and Muhammad Aslam have been admitted to bail by this Court vide orders, dated 22-3-2005 and 9-6-2005 passed in Criminal Miscellaneous Nos. 1649/B of 2005, respectively, and in the said orders this Court had observed that there was no legally incriminating material on the file. The role of the petitioner and his co-accused, who have been allowed bail, is of identical nature in the F.I.R. Further, during the course of investigation carried out by Mahboob Ahmad, DSP, he vide Zimni No.36, dated 11-6-2005, found that the petitioner had no role in the occurrence and that he has been falsely implicated. In this view of the matter, case of the petitioner is of further inquiry. Therefore, he 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./N-87/L Bail granted.