ORDER SHEET
IN THE HIGH COURT OF SINDH, AT KARACHI.
Criminal Bail Application No. 242 of 2017
Date Order with Signature of Judge .
Applicant : Abdul Rauf s/o. Muhammad Hanif
through Mr. Imtiaz Ali Awan, Advocate
Respondent : The State, through Mr. Shafiq Ahmed, Special Prosecutor ANF.
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Date of hearing : 22.03.2017
Date of order : 22.03.2017
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O R D E R
ZAFAR AHMED RAJPUT, J:- Through instant criminal bail application, applicant/accused Abdul Rauf s/o. Muhammad Hanif seeks post-arrest bail in Crime No. D-030708016, registered at P.S. ANF, Muhammad Ali Society, Korangi, Karachi under Sections 6, 9(c) of CNS Act, 1997. His earlier bail application bearing No. 10 of 2017 was dismissed by the learned Special Judge No. I, (C.N.S.), Karachi, vide order dated 23.01.2017.
2. It is alleged that on 17.12.2016, at 1630 hours at Jiani Street, Chanesar Goth, Mehmoodabad, Karachi, on spy information applicant/ accused Abdul Rauf was apprehended, who was found in possession of 640 grams of charas and 520 grams of heroin powder.
3. The learned counsel for the applicant/accused has mainly contended that the accused is innocent and has falsely been implicated in this case; that as per F.I.R. the ANF police had prior knowledge of selling charas by the accused but inspite of that no private person was associated as mashir, while the place of occurrence is situated in thickly populated and busy area; as such, it is a fit case of further enquiry, therefore, the accused is entitled for the concession of bail.
4. On the other hand, learned Special Prosecutor ANF has vehemently opposed this application on the ground that upon receiving spy information that the accused was selling narcotic, he was arrested by ANF and from his possession huge quantity of charas and heroin powder was recovered; that the complainant attempted to make the persons of the locality as mashirs but they refused due to fear of narcotic dealers; that the accused has not alleged any enmity with the officials of ANF for implicating him falsely in this case; that prosecution has sufficient material to connect the accused with the commission of offence; as such, he is not entitled for the concession of bail.
5. I have given due consideration to the arguments advanced by learned counsel for the applicant and Special Prosecutor for ANF as well as perused the material available on record.
6. It appears that on 17.12.2016, 640 grams of charas and 520 grams of heroin powder was allegedly recovered from the possession of accused, which was sealed on the spot and entire recovered narcotic was sent for chemical examination. As per the contents of F.I.R., persons of the locality refused to become witnesses in the case due to fear of narcotic dealers. The accused has not alleged any enmity with the officials of ANF for his false implication. I am; therefore, of the view that sufficient material is, prima facie, available on record to connect the accused with the commission of offence and no case for granting bail to applicant has been made out. Hence, instant bail application is dismissed, accordingly.
7. The learned trial Court is directed to conclude the trial expeditiously and preferably within two months hereof. In case the trial is not concluded within stipulated period, the accused may repeat the bail application before the trial Court, if so advised, which shall be decided by the trial Court in accordance with law.
JUDGE
Athar Zai