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Petitioner: GHULAM QADIR VS Respondent: StateHonorable Justice Sh. Abdur Rashid and M. Bilal KhanAhmad Awais Khurram,Rana Amir Ahmad, A.A.-G. assisted by Muhammad Naveed Shabbir Goraya
2006 Y L R 3009
2006 Y L R 3009
[Lahore]
Before Sh. Abdur Rashid and M. Bilal Khan, JJ
GHULAM QADIR---Petitioner
versus
THE STATE---Respondent
Criminal Miscellaneous No.3730-B of 2005, decided on 19th July, 2005.
Criminal Procedure Code (V of 1898)---
----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), S. 9(c)---Bail, grant of---Further inquiry---Accused had pleaded that motorcycle from which narcotic substance was allegedly recovered, did not belong to him and that he had no link with the same---Investigating Officer had examined record of Motor Registering Authority to find out ownership of said Motorcycle and it was found that the Motorcycle did not belong to accused, but belonged to some other person--Investigating Officer did not join said other person in investigation and had not recorded his statement under S. 161, Cr.P.C. to show that he had given said Motorcycle for use to accused or establish any other domain of accused over said Motorcycle---Prosecution case that narcotic substance was allegedly recovered from accused had become a matter of further inquiry---Accused was admitted to bail, in circumstances.
Ahmad Awais Khurram for Petitioner.
Rana Amir Ahmad, A.A.-G. assisted by Muhammad Naveed Shabbir Goraya for the State with Amir Ali, S.-I.
ORDER
Ghulam Qadir son of Arora, the petitioner, through this petition seeks his post-arrest bail in case F.I.R. No.70, dated 6-2-2004, under section 9(c) of the Control of Narcotic Substances Act, 1997, registered at Police Station, City Chiniot, District Jhang.
2. According to the prosecution allegations set up in the F.I.R., Javed Iqbal, S.-I. along with other police officials was present on patrol duty when he received a secret information that the petitioner riding motorcycle bearing registration No.8946-LXV Honda CD-70 was bringing a large quantity of narcotics and after lapse of some time he was seen coming on the said motorcycle; he was stopped but throwing the said motorcycle away, he made good his escape towards a graveyard; on search of the motorcycle, Charas weighing 2000 grams was recovered, which was taken into possession and twenty grams sealed parcel was prepared for chemical analysis.
3. It is pleaded on behalf of the petitioner that the motorcycle from which the narcotic substance was allegedly recovered does not belong to the petitioner and he has no link with the same and that the petitioner has been falsely implicated in this case.
4. On the direction of this Court, the Investigating Officer had examined the record of the Motor Registering Authority, Lahore, to find out the ownership of the aforesaid motorcycle, from which the narcotic substance was recovered and according to the report of the Motor Registering Authority, it belongs to one Syed Azam Mahmood son of Hanif Hussain Shah, 24-A, Kabir Street, Urdu Bazar, Lahore, bearing National Identity Card No.273-91-078357 and does not belong to the petitioner. The Investigating Officer has not joined the said owner of the motorcycle in the investigation and has not recorded his statement under section 161, Cr.P.C., to show that he had given the said motorcycle for use to the petitioner or establish any other domain of the petitioner over the said motorcycle. Therefore, the prosecution case that the narcotic substance was allegedly recovered from the petitioner has become a matter of further inquiry and the petitioner is admitted to bail subject to his furnishing bail bonds in the sum of Rs.50,000 (Rupees fifty thousand) with one surety in the like amount to the satisfaction of the learned trial Court.
H.B.T./G-145/L Bail granted.