SHAUKAT HUSSAIN Versus STATE
This criminal petition arose from the rejection of a bail application by the lower forums regarding a case registered under the Prohibition (Enforcement of Hadd) Order, 1979. The petitioner, Shaukat Hussain, was arrested for the alleged possession of 12 grams of heroin. The core legal question was whether the petitioner was entitled to bail given that the investigation was conducted by an officer not authorized to do so. The Peshawar High Court observed that the Inspector who initiated the case and conducted the investigation had not been authorized by the Superintendent of Police to investigate the matter. Relying on the precedent established in Mahboob Ali alias Booba v. The State, the Court held that the lack of proper authorization for the investigation rendered the petitioner's case arguable for the purpose of bail, regardless of the quantity of contraband recovered. Consequently, the Court accepted the petition and admitted the petitioner to bail, subject to the provision of sureties to the satisfaction of the relevant Magistrate.
- Does the lack of authorization by a Superintendent of Police for an officer to investigate a narcotics case make a bail application arguable?
- Is a petitioner entitled to bail if the investigation of the alleged offence was conducted by an unauthorized police officer?
- Section 3, Prohibition (Enforcement of Hadd) Order, 1979
On receipt of Murasila from Ghulam Qambar Khan, Inspector C.I.A., D.I. Khan, to the effect that he alongwith other C.I.A. contingents headed by~D.S.P. Muhammad Ashraf Khan was on routine Gasht of Illaqa near Kaciii Paida Khan when they saw a man in suspicious condition, he was stopped and searched, his personal search resulted in the recovery of heroin weighing 12 grams wrapped in plastic bag, he disclosed his name as Shaukat Hussain, herein petitioner, who was formally arrested and a criminal case under section 3 of the Prohibition (Enforcement of Hadd) Order, 1979 was registered against him, vide F.I.R. No.460, at Police Station Cantt., D.I. Khan, on 15-10-1999.
2. After his arrest, he approached the forums below for his release on bail but could not succeed as both the forums below have rejected his request for the grant of bail. Hence the instant petition for the said relief.
3. Admittedly, the Inspector C.I.A., namely, Ghulam Qambar Khan, has not been authorized by the Superintendent of Police, D.I. Khan, to investigate the case. Reliance was placed on case reported as Mahboob Ali alias Booba v. The State 1997 PCr.LJ 942. This being the position, irrespective of the quantity of contraband heroin recovered from the petitioner, the petitioner's case is arguable for the purpose of bail. Accordingly, this petition is accepted and the petitioner is admitted to bail in the sum of Rs.one lac, with two sureties, each in the like amount to the satisfaction of the Illaqa/Duty Magistrate, who shall see that the sureties are local, reliable and men of sufficient means.
N.H.Q./27/P Bail granted,