ALI REHMAN Versus State
This petition for post-arrest bail arises from a criminal case registered under the Control of Narcotic Substances Act, 1997, where the petitioner, a taxi driver, was apprehended alongside co-accused after 20 kilograms of charas were recovered from a shopping bag in the possession of the passengers. The core legal question was whether the petitioner, as a driver, could be held vicariously liable for the possession of narcotics found in the luggage of his passengers, and whether he possessed the requisite conscious knowledge of the contraband. The Court held that the petitioner, having been hired as a taxi driver, was not obligated to search the luggage of his passengers, and that his connection to the crime remained a matter for trial. Noting that the co-accused had exonerated the driver during the investigation, the Court found that further detention was not justified. Consequently, the Court admitted the petitioner to bail, establishing the principle that a driver of a hired vehicle cannot be held liable for narcotics found in a passenger's possession absent proof of conscious knowledge.
- Can a taxi driver be held liable for narcotics found in the possession of passengers without proof of conscious knowledge?
- Is a driver of a hired vehicle legally obligated to search the luggage of passengers?
- Does the recovery of narcotics from a vehicle automatically implicate the driver in the absence of evidence of conscious possession?
- Section 9(c), Control of Narcotic Substances Act 1997
DOST MUHAMMAD KHAN, J.--- Petitioner had been booked for crime under section 9(c), C.N.S. Act, Police Station Phandu, Peshawar, vide F.I.R. No. 855 dated 14-10-2009, thus, he seeks bail through the instant petition.
Arguments heard and record perused.
Brief Facts:
2. It is the case of the prosecution that the petitioner was a taxi driver and his taxi car was hired by the two co-accused for Rs. 500. However, while in transit they were intercepted by the police party headed by Noor Elahi S.H.O. of the Police Station and on search a shopping bag was recovered, lying in between the feet of Habibur Rehman co-accused and on search 10 packets of charas were recovered therefrom, weighing 20 kgs.
3. During the course of investigation, the statement of all the three accused were recorded, wherein the lady accused has squarely stated that the driver/petitioner was not involved and had no knowledge about the narcotics and similar is the statement of the petitioner. Although such statements are not admissible under the law of evidence, however, when the Investigating Officer has recorded the same, there was a definite purpose behind that, that he was to some extent at the moment satisfied with regard to the innocence of the petitioner.
4. The petitioner belongs to Bada Bher, Peshawar, while the two accused belong to Hangu Orakzai Agency. They are not related to each other and the possibility that the petitioner might have taken them to their destination, because his car was hired. He was not supposed to search the luggage of the passenger and whether he was having conscious knowledge about the narcotics or not is still open to debate. Let the prosecution connect him with the crime at the trial, but till then refusal of bail to him would not be justifiable.
For the above stated reasons, this petition is allowed and the petitioner is granted bail in the sum of Rs. 4,00,000 (four lac) with two reliable sureties each in the like amount to the satisfaction of Illaqa/Duty Magistrate.
H.B.T./119/P Bail granted.
Cited by 2 cases
- SHAH ZAIB vs STATE PLJ 2013 Cr.C. (Peshawar) 641
- SHAH ZAIB vs The STATE 2014 P Cr. L J 494