MUHAMMAD AYYUB alias MANNA vs THE STATE
This matter concerns a petition for post-arrest bail filed by an accused person charged under the Prohibition (Enforcement of Hadd) Order, 1979 and the Control of Narcotic Substances Act, 1997, following the recovery of alleged contraband. The core legal questions were whether the petitioner was entitled to bail given the inordinate delay in the submission of the challan and the absence of conclusive evidence regarding the nature of the recovered substance. The Court held that because the Chemical Examiner's report was inconclusive and no second sample had been sent for analysis, there was no proof that the recovered substance was Charas. Furthermore, the prosecution failed to provide a valid explanation for the significant delay in filing the challan. Consequently, the Court granted bail to the petitioner. The key principle laid down is that an accused cannot be detained indefinitely when the prosecution fails to establish a prima facie case regarding the nature of the recovered contraband and fails to justify inordinate delays in the judicial process, necessitating judicial intervention to ensure the right to liberty.
- Can an accused be granted bail when the chemical examiner's report regarding the recovered contraband is inconclusive?
- Does an inordinate delay in the submission of a challan constitute valid grounds for the grant of post-arrest bail?
- Is a court empowered to direct an inquiry into the administrative failures of police and court officials regarding the delay in trial proceedings?
- Article 3, Prohibition (Enforcement of Hadd) Order 1979
- Article 4, Prohibition (Enforcement of Hadd) Order 1979
- Section 9(c), Control of Narcotic Substances Act 1997
- Section 173, Code of Criminal Procedure 1898
ORDER
' M.A. SHAHID SIDDIQUI, J.---Muhammad Ayyub alias Manna petitioner is involved in a case registered at Police Station Fazilpur, vide F.I.R. No,181 of 2002, dated 29-5-2002 under Articles 3 and 4 of the Prohibition (Enforcement of Hadd) Order, 1979 read with section 9(c) of the Control of Narcotic Substances Act, 1997.
2. Allegedly, Jan Muhammad, S.-I. Of Police Station City, Fazilpur obtained a search warrant from the Ilaqa Magistrate and raided the house of the accused on 29-5-2002 at 6-15 a.m. He recovered Charas weighing 1055 grams and one plastic cane containing 10 litre indigenous liquor. 30 grams of Charas was separated and made into a sealed parcel for chemical analysis. Since then, the petitioner is in judicial lock-up.
3. Learned counsel for the petitioner contended that despite the lapse of more than a year, the prosecution has not submitted the challan and uptil now there is nothing on the record to show that the substance which was allegedly recovered from the possession of the petitioner was Charis.
4. In view of the inordinate delay in the submission of the challan, we summon the District Attorney to explain as to why the prosecution has failed to submit the challan in the competent Court of law.
The learned District Attorney submitted that an incomplete report under section 173, Cr.P.C. Was submitted in the Court of Ilaqa Magistrate, which was never placed before the learned Presiding Officer and the Ahlmad of the said Court returned it back to the office of District Attorney.
5. A perusal of record shows that the Chemical Examiner in its report dated 8-6-2002 had informed the police that the result of the analysis of the sample was inconclusive; as such, a second sample was required for analysis. Admittedly, the second sample has not so far been sent to the office of the Chemical Examiner.
6. In view of the above, there is nothing on the record to show that the substance, allegedly recovered from the petitioner, was Charas. The petitioner cannot be detained for indefinite period.
The delay in the submission of the challan has also not been properly explained. In these circumstances, we feel constrained to order the release of the petitioner on bail subject to furnishing bail bond in the sum of Rupees One Lac with one surety in the like amount to the satisfaction of the learned Sessions Judge, Rajanpur.
7. The learned Sessions Judge, Rajanpur, is directed to depute an officer to hold an inquiry into the circumstances, which led to the delay in the submission of the challan and commencement of trial. In case, the police officials are found at fault, he shall refer the matter to the District Police Officer, Rajanpur, or the Deputy Inspector-General of Police, Dera Ghazi Khan Range, Dera Ghazi Khan, as the case may be, for action under the Disciplinary and Efficiency Rules, and in case any employee of the Civil Court is found at fault, the learned Sessions Judge would himself initiate action against him in accordance with law under intimation to this Court within two months from the date of the receipt of this order.