2005 PLP 652 (YLR)

Rao Munawar Khan for Petitioner. Sohail Tariq for the State. Date of hearing: 23rd February, 2004. The petitioner Muhammad Sugheer is seeking post‑arrest bail in case F.I.R. No.595 of 2003, dated 11‑12‑2003, registered at Police Station, Sadar Sumandari, District Faisalabad, for the offences under sections 6 and 9(c) of Control of Narcotic Substances Act, 1997, at the instance of complainant, Muhammad Ishaq, S.‑I., on the alleged recovery of 10 bags of Phakki Post, each weighing 20 Kgs., recovered from a motor‑vehicle, which was being driven by the petitioner while the co‑accused Mst. Ruqia Bibi and Muhammad Hanif were sitting in the same.

2. Challan has been submitted in Court after the completion of the investigation. The co‑accused Mst. Ruqia Bibi was released on bail by Additional Sessions Judge, Sumandari. The other co- accused Muhammad Hanif is in Jail. The petitioner was declared innocent by the complainant, vide Zimni No. 4, dated 20‑12‑2003. It was found that the petitioner is merely an innocent driver of the vehicle, he did not know that the bags contained narcotics as he was informed by the co -accused that they contained chicken feed. The said finding has been confirmed by S.H.O., Circle Sadar Sumandari and by the S.D.P.O., Circle Sadar Sumandari, on 25‑12‑2003, and, therefore, the petitioner has been placed in Column No.2 of the challan Report under section 173, Cr.P.C., submitted in Court. The petitioner's application for the grant of post‑arrest bail has been dismissed by the Additional Sessions Judge, Sumandari, vide his order dated 21‑1‑2004, only on the ground of the recovery of huge quantity of narcotics.

3. We have heard the learned counsel for the petitioner, the State and have also seen the relevant record.

4. The petitioner has been declared innocent in the police investigation and has been placed in Column No.2 of the challan report. There is nothing on the record that the findings of the police are incorrect. There is nothing on the record to show any connection of the petitioner with the co -accused. The petitioner was merely a driver of the vehicle, which had been taken on hire by the co‑accused Muhammad Hanif. We are, therefore, of the view that it is a case of further inquiry.

5. In view of the above‑mentioned, the application is allowed and the petitioner is granted bail subject to his furnishing bail bonds in the sum of Rs.1,00,000 (rupees one hundred thousand only) with one surety in the like amount to the satisfaction of the trial Court. H.B.T./M‑660/L Bail granted.