Amanullah vs State

2012 M L D 1168

[Peshawar]

Before Qaiser Rashid Khan, J

AMANULLAH---Petitioner

Versus

THE STATE---Respondent

Criminal Miscellaneous Bail Application No.51-D of 2012, decided on 19th March, 2012.

Criminal Procedure Code (V of 1898)---

----S.497(2)---Control of Narcotic Substances Act (XXV of 1997), S.9---Possession of narcotic-- -Bail, grant of---Further inquiry---F.I.R. revealed that on spy information, police intercepted/stopped the vehicle and effected the recovery of 3700 grams of contraband charas from the secret cavities of its "diggi"---Timing of occurrence and that of the report were one and the same despite the fact that the police station concerned was at a distance of 16/17 kilometers from the spot---Question as to whether it was the act of one of accused persons, or of both, or of some passenger travelling in the vehicle, could best be resolved during trial---Alleged extra-judicial confession of the accused persons was subject to scrutiny during trial---Prima facie case squarely fell within the ambit of further inquiry entitling both the accused persons to the concession of bail---Bail application was accepted and both the accused were admitted to bail.

Allah Nawaz Khan for Petitioner.

Miss Farhana Jabeen for the State.

Date of hearing: 19th March, 2012.

JUDGMENT

QAISER RASHID KHAN, J.---This order is directed to dispose of two bail petitions bearing No.51-D of 2012 filed by Amanullah son of Mir Aadat Khan and Bail Petition No.52 of 2012 filed by Alamzeb son of Jehangir Khan, because both these petitions are the outcome of one and the same occurrence vide F.I.R. No. 30 dated 20-2-2012 of Police Station Yarik, district D.I. Khan, registered under section 9 C.N.S.A.

2.According to the first information report lodged by Tariq Salim Khan S.H.O. of Police Station Yarik, district D.I.Khan, on receipt of spy information that the driver and conductor of Coaster No.3575/LWC were to smuggle charas therein, he along with police party had made nakabandi on Chunda Check Post, Dera-Bannu Road. At about 2000 hours the said Coaster arrived from Peshawar side which was stopped and after making hectic efforts, six packets of charas were found in secret cavities of its 'diggi' weighing 3700 grams. On inquiry, its driver and conducter disclosed their names as Alamzeb Khan son of Jehangir Khan and Amanullah son of Mir Aadat Khan respectively. They were thus apprehended on the spot and booked for the offence vide F.I.R. ibid.

3.Learned counsel for both the accused/petitioners argued that they are innocent and falsely roped in the instant case; that nothing was recovered from their physical possession; that despite prior information, no efforts were made to associate any private witness to the search of the vehicle; that the ownership of the alleged recovered contraband charas is yet to be ascertained; that despite the police custody, no judicial confession has been made by the accused/petitioners; that the alleged admission of the accused/petitioners before the police has no evidentiary value in the eye of law and thus all these things make it a case of further inquiry.

4.The learned State counsel opposed both the bail petitions on the grounds that the recovery of the contraband charas was made from the 'diggi' of the coaster which was well within the knowledge of the accused/petitioners; that after their arrest, the accused/petitioners have admitted the ownership of the recovered-contraband charas and that there was no mala fide on the part of the police to falsely involve them in the case in hand.

5.I have carefully gone through the entire record of the case and anxiously considered the arguments of the learned counsel for the parties.

6.The record shows that it was on spy information to the police that they intercepted/stopped the coaster coming from Peshawar to D.I. Khan and effected the alleged recovery of 3700 grams of contraband charas from the secret cavities of its 'diggi'. It needs no reiteration that the 'diggi' of the coaster is meant for keeping luggage of the passengers travelling in the coaster and especially when it was coming all the way from Peshawar to D.I.Khan. Strangely enough, both the timing of occurrence and that of the report are one and the same despite the fact that the police station concerned is at a distance of 16/17 kilometers from the spot. At the bail stage, the court has to take a bird's eye view or tentative account of the materials available on record. Whether it was the act of one of the petitioners, or of both, or of some of the passenger travelling in the coaster are the questions which can best be resolved during trial. As far as the alleged extra-judicial confession of the accused/petitioners is concerned, the same too, is subject to scrutiny during trial. Thus, prima facie, the case squarely falls within the ambit of further inquiry entitling both the accused/petitioners to the concession of bail.

7.The application is, therefore, accepted and both the accused/petitioners are admitted to bail provided each of them furnishes bail bonds in the sum of Rs.one lac with two sureties each in the like amount to the satisfaction of Illaqa/Judicial Magistrate.

M.W.A./123/P Bail grante