1999 PLP 1625 (YLR)

On 8-8-1998 two persons namely, Farid Gul and Munawar were hauled up by the Police party, headed by Mr. Gul Afzal Khan, D.S.P., in front of C.I.D. Police Station, University Road, Peshawar when they were earring 45 Kg. of charas in Motor Car Registration No.1HM-6133 and, therefore, a case under sections 6, 7, 8 and 9 of the Control of Narcotic Substance Act, 1997 was registered against them Vide: F.I.R. No.7, dated 8-8-1998 lodged at Police Station, C.I.D., Peshawar.

2. During the course of investigation accused Farid Gul (who has been refused bail by this Court. in Criminal Miscellaneous No. 1350 of 1998, decided on 19-3-1999) is alleged to have given a chit to Muhammad Sharif, Sub-Inspector, C.I.D., wherein the name of the petitioner has been scribed. On the basis of the said chit the petitioner was arrested.

3. The petitioner after having failed to secure bail from the lower Court, (Mr. Muhammad Azim Khan Afridi, Additional Sessions (III) Judge Peshawar), has now approached this Court for the redress of his grievance praying that he be released on bail because the chit allegedly handed over by one of the accused to the Investigation Officer, on the face of it, seems to be a fake document as it contain writing in two different inks and in two different hands. One of the writing has been scribed, by somebody, with a pen and the other writing by somebody with a ball point.

4. The learned counsel for the petitioner further submitted that the chit is not in the hand writing of the petitioner. It is neither signed by any body nor does it carry full name, with parentage of the petitioner. He submitted that the petitioner could not be connected with the commission of the offence on the basis of this chit as it would be absolutely illegal.

5. He further contended that during the period the petitioner remained in the Police custody nothing incriminating was recovered from him or at his instance. According to him no evidence worth the name could be collected against him. He further stated that the petitioner has remained in "Police custody" for a period of 4 days and had not confessed that he is involved in the present case. According to him reasonable grounds do not exist for believing that the petitioner is connected with the commission of the offence charged with and that the accused is therefore, entitled to be bailed out. fie vehemently contends that if innocent persons are allowed to be arrested and kept behind the bars, on the basis of such type of 'chit' then in that case it would amount to granting the Police a licence to put its hand on any body in the country.

6. The learned Assistant Advocate -General has failed to convince me as to how this "chit" would, in any case, connect the petitioner with the commission of the offence. The two persons, carrying the narcotics were arrested on the spot. They have been refused bail and are still behind the bars. Even they have not implicated or stated anything against the petitioner during the time they remained in the custody of the police or under investigation.

7. In the circumstances I tend to agree with the learned counsel for the petitioner that the chit, on the basis of which the petitioner has been arrested, has no nexus with the commission of the offence. Accordingly this bail petition is accepted.

8. The petitioner shall be released forthwith, if not required in any other case, provided he furnishes bail bonds in the sum of Rs.50,000 (Rs.Fifty thousand) with two sureties, each in the like amount, to the satisfaction of the Additional Registrar (Judicial)/Deputy Registrar of this Court.

9. The Additional Registrar/Deputy Registrar shall see that the sureties are respectable persons, hail from the settled areas of N.-W.F.P. and have sufficient property in their names. Attested copies of their property documents/identity cards shall be obtained and placed on file for record. H.B.T./449/P Bail granted.