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Initializing Secure Chambers
Petitioner: MUHAMMAD BILAL VS Respondent: StateHonorable Justice Tassaduq Hussain Jilani and Muhammad Sayeed AkhtarMushtaq Ahmad Chaudhry,Mushtaq Ahmad Bhatti
2005 P Cr
2005 P Cr. L J 207
[Lahore]
Before Tassaduq Hussain Jilani and Muhammad Sayeed Akhtar, JJ
MUHAMMAD BILAL‑‑‑Petitioner
Versus
THE STATE‑‑‑Respondent
Crl. Misc. No.2150‑B of 2004, decided on 26th April, 2004.
Criminal Procedure Code (V of 1898)‑‑‑
‑‑‑‑S. 497(2)‑‑‑Control of Narcotic Substances Act (XXV of 1997), Ss.6/9‑‑‑Bail, grant of‑‑‑Further inquiry‑‑‑Case of prosecution was that a bag containing "Posst" weighing 50 Kgs. was recovered from accused who allegedly admitted to have carried said bag at the asking of his father to be delivered to some other person‑‑‑Father of accused or said other person were not joined in investigation‑‑‑Accused, who was between 13/14 years of age, could not carry such a heavy bag‑‑‑Non‑association of father of accused and said other person to whom said bag was to be delivered, had made question of accused's guilt a matter of further inquiry‑‑‑Accused was admitted to bail, in circumstances.
Mushtaq Ahmad Chaudhry for Petitioner.
Mushtaq Ahmad Bhatti for the State.
Date of hearing: 26th April, 2004.
ORDER
Petitioner seeks bail in a case registered vide F.I.R. No.439, dated 22‑12‑2003 under sections 6/9 of the C.N.S.A. at Police Station Batapur, Lahore. The prosecution story is that on a source report to the effect that at the bus stand a huge quantity of "Posst" is likely to arrive, a raid was conducted and the police party found petitioner deboarding a bus carrying a bag. He was arrested and when the bag was opened it contained "Posst" weighing 50 kilograms.
2. Learned counsel for the petitioner seeks bail on the grounds that the petitioner is between 13/14 years of age, that a body of this age is even otherwise incapable of carrying a bag weighing 50 kilograms, that the case has been registered for 'mala' fide reason and that petitioner is not involved in any other criminal case. Learned counsel for the State opposes the petition by submitting that the offence alleged is serious in nature and that no case for bail is made out. He, however, does not deny that the petitioner is about 14 years of age.
3. Heard.
4. As per the prosecution the afore‑referred bag was recovered from the petitioner, who in his statement recorded before the police allegedly admitted to have carried the bag at the asking of his father to be delivered to one Muhammad Shafique. It is conceded before this Court by the learned State Counsel that neither petitioner's father nor the afore referred Muhammad Shafique were made to join the investigation. Prima facie it is repellent to common sense a minor of petitioner's age and physique could carry such a heavy bag. The non‑association of petitioner's father and the person to whom the bag was to be delivered makes the question of petitioner's guilt a matter of further inquiry. In the afore‑referred circumstances this petition is allowed and subject to furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand only) with one surety in the like amount to the satisfaction of the learned trial Court, he shall be released on bail.
H.B.T./M‑687/L Bail granted.