MUHAMMAD USMAN vs THE STATE
This petition, originally filed regarding the alleged illegal confinement of Muhammad Usman, was treated by the Lahore High Court as a bail application. The accused was charged under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979, and Section 9-C of the Control of Narcotics Substances Ordinance, 1997, following the alleged recovery of 2 kilograms of Charas from his possession while traveling on a bus. The accused denied the allegations, claiming he was falsely implicated and that the narcotics belonged to another passenger whom the police had released. The Court observed that the accused was a young individual with no prior criminal record. Finding that the circumstances of the case presented sufficient grounds for further inquiry into the guilt of the accused, the Court exercised its discretion to grant bail. Consequently, the petition was allowed, and the accused was admitted to bail subject to furnishing security in the sum of Rs. 10,000 with one surety to the satisfaction of the Deputy Registrar (Judicial).
- Does the absence of a previous criminal record and the youth of an accused constitute grounds for further inquiry in narcotics cases?
- Can a petition regarding illegal confinement be treated as a bail application by the High Court?
- What is the standard for granting bail when the accused claims false implication in a narcotics case?
- Article 3, Prohibition (Enforcement of Hadd) Order, 1979
- Article 4, Prohibition (Enforcement of Hadd) Order, 1979
- Section 9-C, Control of Narcotics Substances Ordinance, 1997
ORDER
' This is a petition addressed to my Lord the Chief Justice with respect to the alleged illegal confinement of Muhammad Usman. His Lordship entertained this petition and entrusted the same to me for action in accordance with law. This petition is now treated as bail application.
2. The Police Officer present in Court submits that Muhammad Usman accused was involved in case F.I.R. No,427 of .1997 of Police Station Wah Cantt. Of Rawalpindi registered for the alleged commission of offences punishable under Articles 3 and 4 of the Prohibition Order, 1979 as alsd for the alleged commission of offence punishable under section 9-C of the Control of Narcotics Substances Ordinance. Adds that he was present near Lucy Star Hotel at G.T. Road in the area of Police Station Wah Cantt. On 5-6-1997 at about 4-00 p.m. When he stopped a bus coming from Peshawar side; searched the same and the passengers travelling in it; that Muhammad Usman accused who was also ' one of the passengers had a shopping bag in his lap and that the said bag was checked which was found to contain 2 kilograms of Charas.
3. The accused present in Court submits that the allegations levelled against him were false; that it was a Pathan who was sitting next to him in the bus who was detected carrying two cartons of cartridges and some narcotics; that the police let him off and instead planted the Charas on him; that he was a student who had gone to Peshawar for a visit alongwith his friends and that he was innocent.
4. Muhammad Usman accused appears to be a young boy. He has no previous record. There are grounds for further inquiry into his guilt. In this view of the matter he is released on bail in case F.I.R.
No,427 of 1997 of Police Station Wah Cantt of District Rawalpindi subject to his furnishing security in the sum of Rs,10,000 with one surety in the like amount to the satisfaction of the Deputy Registrar (Judl.) of this Court. If these bonds are furnished today, then Muhammad Usman accused shall not be taken back to the custody from where he has been brought and shall be released. This matter stands disposed of. These bonds shall then be transmitted to the learned trial Court.
Cited by 5 cases
- Bacha Khan vs State & anothers 2017 PHC 575
- BACHA KHAN vs STATE through A.A.-G. Peshawar High Court Bench Mingora, Swat and another 2018 P Cr. L J 467
- UMEED vs The STATE 2013 YLR 1687
- GHADEER HAIDER vs THE STATE 2011 MLD 487
- SHAUKAT MEHMOOD and anothers vs THE STATE 2000 P Cr. L J 1752