2020 P Cr. L J 1512
[Balochistan]
Before Naeem Akhtar Afghan and Rozi Khan Barrech, JJ
ABDUL GHAFOOR and another ---Applicants
Versus
The STATE--- Respondent
Criminal Bail Application No. 20 of 2020, decided on 18th March, 2020.
(a) Criminal Procedure Code (V of 1898) -------
S. 497--- Control of Narcotic Substances Act (XXV of 1997), S. 9(c) ---Recovery of narcotic
substance ---Bail, refusal of ---Driver of vehicle ---Chars weighing 2 kilograms and heroin
weighing 100 grams were recovered from ben eath the driving seat of vehicle which was
being driven by accused ---Effect ---Driver could not be absolved from the liability, if
contraband was transported in the vehicle being driven by him ---High Court declined to grant
bail on merit lest it could cause prejudice to other side ---On tentative assessment of record
there existed prima facie case against accused ---Bail was refused, in circumstances.
Haroon Khan v. The State 2017 PCr.LJ 438 rel.
(b) Criminal Procedure Code (V of 1898) ---
----S. 497(2) ---Con trol of Narcotic Substances Act (XXV of 1997), S. 9(c) ---Recovery of
narcotic substance--- Bail, grant of ---Passenger of vehicle--- Case of further inquiry ---Charas
weighing 2 kilograms and heroin weighing 100 grams were recovered from beneath the
driving se at of vehicle in which accused was sitting on front ---Effect ---When accused was
arrested he was not driving the car nor any narcotics was recovered from his exclusive possession rather he was sitting on the front seat of the car ---Case of accused was one o f
further inquiry ---Bail was allowed, in circumstances.
Hussain Ullah v. The State 2019 SCMR 1651 rel.
Inayatullah Kasi for Applicants.
Yahya Baloch, APG for the State.
Date of hearing: 16th March, 2020.
ORDER
ROZI KHAN BARRECH, J. ---Applicants Abdul Ghafoor son of Rustam and Sher
Ahmed son of Haji Fateh Muhammad seek bail in case FIR No. 33 of 2020 dated 23.02.2020
under section 9(c), Control of Narcotic Substances Act, 1997 registered at Police Station Hub City District Lasbela. They have been refused bail by the learned Additional Sessions Judge -
II/Special Judge Control of Narcotic Substances Hub vide order dated 04.03.2020; hence, the
instant application for the same purpose.
2. As per contents of FIR, the local police of Police Sta tion Hub City, District Lasbela,
during area Gasht received spy information that two persons namely Abdul Ghafoor and Sher
Ahmed are doing drug's business in an Alto car bearing No.AUH -691. On the said
information the police officials during checking on ma in RCD road signaled the said vehicle
to stop. On inquiry the driver disclosed his name as Abdul Ghafoor while the person sitting next to the driver disclosed his name as Sher Ahmed. Search of the vehicle lead to recovery of 2 kilograms of Charas and 100 grams of heroin powder from beneath the driving seat. The accused persons were arrested on the spot and the case under the above section of law was registered against them.
3. We have heard the learned counsel for the applicants, the learned APG and have
perused the record available on the case file.
4. Scanning of the record reflects that charas weighing 2 kilograms and heroin weighing
100 grams were recovered from beneath the driving seat of the vehicle, which was being driven by applicant/accused Abdul Ghafoor son of Rustam. It is now settled that driver cannot be absolved from the liability, if contraband are being transported in the vehicle being driven by him. In this behalf reference may be made to the case reported as Haroon Khan v. The State (2017 PC r.LJ 438). Under such circumstances the court normally and ordinarily
avoids to grant bail on merit lest it may cause prejudice to the other side. Tentative assessment of the record leads us to the conclusion that there exists a prima -facie non -
bailable case against the applicant Abdul Ghafoor son of Rustam. Therefore, he is not entitled to the concession of bail at this stage and to his extent the instant application is dismissed.
5. So far as the case of applicant/co -accused Sher Ahmed is concerned, after perusal of
the record it has been observed by us that when he was arrested by the police he was not driving the car nor any narcotics were recovered from his exclusive possession rather he was sitting on the front seat of the car. In such view of the circ umstances the case of the applicant
Sher Ahmed son of Haji Fateh Muhammad becomes one of further inquiry falling within the ambit of section 497, Cr.P.C. Reliance is placed on the case titled as Hussain Ullah v The State (2019 SCMR 1651). He is behind the bars since 23.02.2020 and nothing is to be
recovered from him. In this backdrop, no useful purpose shall be served by keeping him incarcerated for an indefinite period.
6. For what has been discussed above the instant application to the extent of
applicant /accused Sher Ahmed son of Haji Fateh Muhammad is accepted. Consequently,
applicant/accused Sher Ahmed son of Haji Fateh Muhammad is admitted to bail subject to furnishing bail bond in the sum of Rs.200,000/ - with PR bond of like amount to the
satisfaction of trial Court.
It goes without saying that the above observations are tentative in nature for purpose
of decision on this application alone, which should not be used for influencing the
adjudication of the case by any party. Obviously, the trial court has to decide the case upon its own merits after application of judicial mind and independent conscience to the facts and circumstances of the case.
MH/53/Bal. Order accordingly.This judgment is reproduced from a publicly available source for informational purposes and does not constitute legal advice. If you believe this listing contains an error,
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