IN THE HIGH COURT OF SINDH AT KARACHI

 

Criminal Bail Application No. 981 of 2018

 

Majid son of Muhammad Aslam.………………...…………………..Applicant

 

Versus

 

The State…………………………….……………..……………….Respondent

 

Date of Order :                             17.08.2018

 

Mr. Dur Muhammad Mullah, advocate for applicant

Mr. Zahoor Ahmed Shah, DPG

 

O R D E R

 

 

Fahim Ahmed Siddiqui, J: The applicant is facing trial before the lower forum in a case registered against him at PS Docks under Crime No. 147/2018 under Sections, 6/9 (c) of the Control of Narcotics Substance Act, 1997.

2.                          The prosecution case is that the police party of PS Quaidabad headed by SIP Rizwan was on routine patrolling when they reached near Rice Godown situated at Mehran Highway at 18:36 hours, they noticed the applicant having a blue shopper in his hand. The applicant was intercepted and his personal search was taken and from his shopper a piece of hashish, wrapped in a khaki tape and 43 tokens of crystals were recovered. The recovered narcotics were weighed and hashish was weighing 1700 grams while crystal was found 20 grams. He was arrested and brought at the police station, where FIR was lodged.

3.                          The learned counsel for the applicant submits that the applicant is innocent and has been falsely implicated in this case. According to him, the recovered quantity does not come under huge quantity and usually bail is not declined for such quantity of narcotics. According to him, the incident is said to be taken place at a time when people are available at highways but police did not try to associate a private person to witness recovery. He submits that the trial Court declined the bail on the ground that there are cases against the applicant and he is convicted in one case. He submits that none of the previous cases against the applicant pertains to narcotics substance and those cases are of quarrel/dispute with neighbour and the conviction is in a pistol case. He submits that the police are having animosity with the applicant as such he was involved in this case.

4.                          The learned DPG half-heatedly opposes and verifies that none of the cases mentioned in CRO pertains to narcotics. In response to a query, he submits that the conviction fallen upon the applicant is in respect of recovery of a pistol.

5.                          I have heard the arguments advanced and have gone through the relevant record. The bail application of the applicant was rejected by the trial court on the ground that he has previously been convicted. In this respect, I am of the view that under the law bail cannot be refused solely on the ground that the applicant is once convicted for some offence. The conviction is not in respect of recovery of narcotics while pendency of cases is not a sole ground of refusal of bail. Even the previous conviction of the applicant may be considered at the time of sentencing of subsequent offence and usually the same have less bearing in respect of bail. The recovery taken place at a time when availability of public is rational. The witnesses are all police officials, as such arrest and recovery needs further probe in the backdrop of a plea of animosity with police.

6.                          In the above circumstances, I am of the view that a case of bail has been made out, as such the applicant is admitted to bail subject of furnishing surety of Rs. 100,000/-up to the satisfaction of trial court.

7.                          These observations are tentative in nature and shall not prejudice the case of either party during the trial. If the applicant after getting bail becomes absconder, then the trial Court will be fully empowered to take action against the applicant, including cancellation of bail without making a reference to this Court.

8.                          The above are the reasons for the short order dated 17-08-2018 whereby bail in the above terms was granted to the applicant.

 

 

                                                                                                            J U D G E