SAKHI DOST MUHAMMAD vs THE STATE
This criminal appeal challenges the High Court's order rejecting the appellant's application for post-arrest bail in a case involving the recovery of a significant quantity of narcotics, including 300 kilograms of opium, and chemicals for manufacturing, from the appellant's residence. The core legal question was whether the appellant was entitled to bail given the circumstances of the recovery and the status of the investigation. The Supreme Court observed that the recovery occurred long after the initial incident and during a period when the area was under the control of the Kharan Rifles, suggesting that the appellant lacked access to the premises at the time of the search. Furthermore, the Court noted that the challan had been submitted, the trial had not yet commenced, and there was no allegation that the appellant had misused the concession of bail. Consequently, the Supreme Court allowed the appeal, set aside the High Court's order, and confirmed the interim bail previously granted to the appellant, emphasizing that the case required further inquiry.
- Whether the recovery of contraband from a premises under the control of security forces warrants the grant of bail to the owner of the premises?
- Does the submission of a challan without the commencement of trial constitute a ground for granting bail?
- Is bail appropriate when the prosecution's case regarding the timing and access to the recovery site requires further inquiry?
' ABDUL QADEER CHAUDHRY, J.---This appeal by leave of the Court is directed against the judgment of the High Court, dated 15-5-1991 whereby the appellant's application for bail was rejected.
2. The facts of the case are that according to the report lodged on 5-1-1991 the Director, Narcotics Control Board searched the house belonging to the appellant and others in Village Chighazi and recovered 300 Kilograms opium, acetic acid, carbic acid and some other chemicals for manufacturing herein. The final report has been submitted before the Sessions Judge for trial. The High Court refused to admit the appellant to bail on the ground that Col. Shafiq and Col. Usman have attributed the recovery from the house belonging to the appellant. Here, it may be pointed out that about an incident which had occurred on 10-10-1990 a report had been lodged on 12-10- 1990 and in that report it was stated that Killi Sakhi Dost Jan was searched and arms, ammunition and narcotics were recovered. Again a search was made on 5-1-1992 when the entire area was under the control of Kharan Rifles.
3. The learned counsel for the appellant submitted that the contraband articles were recovered after such a long time when the appellant had no access to the area needs further inquiry. The challan has already been submitted and the trial has not yet started. There is no allegation that the appellant has misused the concession of bail. We, therefore, allow this appeal and 'set aside the order of the High Court. The appellant was admitted to interim bail by this Court on 19-6-1991. The interim bail is confirmed.