MUHAMMAD IJAZ Versus State
This petition was filed by the petitioner seeking post-arrest bail in a case registered under Sections 9(c) and 15 of the Control of Narcotic Substances Act, 1997. The prosecution alleged that following the arrest of a co-accused and the recovery of charas from his possession, the co-accused led the raiding party to his house, where the petitioner opened the door, and a further 93 kilograms of charas was recovered from under a cot. The core legal question was whether the petitioner could be held liable for joint possession or as an agent of the co-accused solely based on his presence at the premises. The Lahore High Court held that since the house belonged to the co-accused and no recovery was made at the instance of the petitioner, the prosecution had yet to establish at trial that the petitioner was indeed an agent of the co-accused. Consequently, the Court granted bail to the petitioner, establishing the principle that mere presence at the place of recovery owned by another, without independent recovery or established agency, warrants the grant of bail.
- Can post-arrest bail be granted to an accused from whom no direct recovery of narcotics was made and who was merely present at the premises owned by a co-accused?
- Whether the prosecution must establish the relationship of agency at trial before an accused can be denied bail based on the disclosures of a co-accused?
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 15, Control of Narcotic Substances Act 1997
ORDER
Muhammad Ijaz petitioner has applied for bail after arrest in a case under section 9(c) and 15 of the Control of Narcotic Substances Act, 1997 registered with A.N.F., Multan vide F.I.R. No.3, dated 8-3-2003 .
2. The prosecution case is that on 8-3-2003 the Anti-Narcotics Force Multan, on the basis of a spy information apprehended Rana Ehsan at a Chowk near Chungi No.1. He was carrying a plastic bag on his bicycle. 10 packets of Charas were recovered from the bag. During interrogation, Rana Ehsan accused disclosed that one of his agents was present in his house situated in Souraj Miani with huge quantity of narcotics substance. Rana Ehsan Ali led the Anti-Narcotics Force Multan to his house situated on Souraj Miani Road . The raiding party knocked the door of the house upon which the present petitioner opened the door and introduced himself. Rana Ehsan got recovered five plastic bags which were lying under the cot in a room out of which 93 kilograms of Charas was recovered.
3. We have heard the learned counsel for the parties.
4. We have noticed that the house belonged to Rana Ehsan Ali and nothing was recovered at the instance of the petitioner. The prosecution has yet to prove at the trial that the petitioner was the agent of Rana Ehsan Ali. We, therefore, feel inclined to accept this petition and release the petitioner on bail, subject to furnishing bail bond in the sum of Rupees One Lac with one surety in the like amount to the satisfaction of the trial Court.
H.B.T./M-690/L Bail granted.
Cited by 2 cases
- AKHTAR ALI vs THE STATE 2005 P C R L J 1947
- AKHTAR ALI Versus State 2005 PCrLJ 1947