AZMAT BASHIR vs THE STATE
This matter concerns a petition for post-arrest bail filed by the petitioner, Azmat Bashir, who sought release in a criminal case involving the recovery of narcotics. The core legal question was whether the petitioner was entitled to bail despite the recovery of a large quantity of contraband, given the allegations of police enmity and prior acquittals in similar cases. The petitioner contended that the prosecution witnesses were the same individuals involved in previous cases where the petitioner had been acquitted, suggesting a pattern of victimization. The State opposed the bail, arguing that the offence fell within the prohibitory clause of the relevant criminal procedure law due to the quantity of narcotics recovered. Upon reviewing the circumstances, the Court held that the petitioner had established a prima facie case of police enmity, which constituted special circumstances warranting the grant of bail. Consequently, the Court admitted the petitioner to bail, subject to the furnishing of bail bonds, finding that the case against the petitioner required further inquiry.
- Does a history of police enmity and prior acquittals in similar cases constitute a ground for granting bail in narcotics cases?
- Can a case be considered one of 'further inquiry' under section 497(2) of the Code of Criminal Procedure 1898 when there is evidence of bias by prosecution witnesses?
- Section 10, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 11, Offence of Zina (Enforcement of Hudood) Ordinance 1979
- Section 380, Pakistan Penal Code 1860
- Section 440, Pakistan Penal Code 1860
- Section 454, Pakistan Penal Code 1860
- Section 148, Pakistan Penal Code 1860
- Section 149, Pakistan Penal Code 1860
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 497, Code of Criminal Procedure 1898
ORDER
' KHAWAJA MUHAMMAD SHARIF, J.---In support of this bail petition, learned counsel submits that in fact Latif Butt against whom the present petitioner had lodged a case vide F.I.R. No,195, dated 24- 10-1997 under sections 10/11 of the Ordinance VII of 1979 is brother-in-law of Muhammad Younas Butt, D.S.P. Who was posted as S.H.O. Police Station, Satghara, District Okara in 1999 and 2000 and now is posted as D.S.P. Investigation Centre, Okara. Thereafter the said Latif Butt got a case registered vide F.I.R. No,245 of 1997 against the petitioner and his other brothers under sections 380/440/454/148 and 149, P.P.C. Then a case vide F.I.R. No,355 of 2001 under section 9(c) of CNSA, 1997 was registered but the petitioner and his brother were acquitted by the learned Sessions Judge, Okara vide judgment dated 16-11-2002. It is submitted in this case Muhammad Shoaib, A.S.- I. And Muhammad Ashfaq, H.C. Were the recovery witnesses and in the instant case in which the bail is being sought, both these persons are also the witnesses. According to learned counsel, the case of the petitioner is one of further inquiry within the meaning of subsection (2) to section 497, Cr.P.C. And the petitioner is entitled to bail.
3. Learned counsel for the State submits that huge quantity of Charas was recovered from the petitioner and that the offence falls within the prohibitory clause of section 497(1), Cr.P.C.
4. Heard. It is a case in which there was special circumstances, that is, enmity between the Police and . The present petitioner and same has been proved by learned counsel for the petitioner by submitting registration of F.I.Rs, and acquittal of the petitioner and his brothers in a case under section 9(c) of CNSA, 1997 by learned Sessions Judge, Okara vide judgment dated 16-11-2002.
Without commenting any further, we are prima facie of the view that a case for bail is made out in favour of the petitioner. He shall be released on bail on furnishing bail bonds in the sum of Rs,One lac with two sureties each in the like amount to the satisfaction of the trial Court.