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Lahore High Court Grants Post-Arrest Bail in Narcotics Case, on ground of Lack of Evidence and Inadmissibility of Co-Accused’s Statement

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Lahore High Court Grants Post-Arrest Bail in Narcotics Case, on ground of Lack of Evidence and Inadmissibility of Co-Accused’s Statement

Islamabad 12-09-2024: In a recent judgment delivered by the Lahore High Court, Salman Hamid, accused of facilitating narcotics trafficking through the sale of drones, was granted post-arrest bail. The decision was based on the lack of direct evidence connecting the petitioner to the crime and the inadmissibility of the co-accused’s statement under the law.

The case arose from the arrest of co-accused Adeel Ahmad, who was found in possession of 5 kilograms of heroin concealed in his car. During interrogation, Adeel Ahmad revealed that he had purchased a drone from the petitioner, Salman Hamid, allegedly used to supply narcotics. Subsequently, several drones were recovered from Hamid’s shop, leading to his arrest under Sections 9(1)6(e) and 15 of the Control of Narcotic Substances Act, 1997 (CNSA), as amended in 2022.

The petitioner’s counsel argued that Salman Hamid was not named in the FIR and was only implicated based on the co-accused’s statement, which was inadmissible under Article 38 of the Qanun-e-Shahadat Order, 1984. The defense highlighted that no narcotics were recovered from Hamid’s possession and emphasized that operating a drone business is legal in Pakistan.

The Court cited Raja Muhammad Younas Vs. The State (2013 SCMR 669) and Muhammad Sarfraz Ansari Vs. The State (PLD 2021 SC 738), reaffirming that statements made by a co-accused to the police are inadmissible unless supported by independent evidence.

The Court observed that the prosecution failed to provide evidence that the petitioner knowingly facilitated the narcotics trade. No evidence was presented to prove that the petitioner was aware of the illegal use of the drone by the co-accused.

The Court referenced Article 18 of the Constitution of Pakistan, which protects the right to engage in lawful trade and business. The sale of drones is not prohibited by law, and the Court ruled that simply selling a drone does not imply involvement in narcotics trafficking.

The Court determined that the case required further inquiry due to the lack of independent evidence against the petitioner. The ruling cited Dad Khan Vs. The State (2020 SCMR 2062) and Noman alias Noma Vs. The State (2020 P.Cr.L.J. Note 40), which emphasize that in cases of further inquiry, the accused is entitled to bail.

Given the absence of concrete evidence and the inadmissibility of the co-accused’s statement, the Lahore High Court granted Salman Hamid post-arrest bail. The petitioner was required to furnish a bail bond of Rs. 500,000 with one surety to the satisfaction of the trial Court. The Court also clarified that its observations were tentative and confined to the bail decision.

This decision highlights the importance of corroborative evidence in criminal cases and reaffirms the protection of individuals involved in lawful businesses from unwarranted criminal charges.