ORDER SHEET

IN THE HIGH COURT OF SINDH, BENCH AT SUKKUR

Cr. Bail Application No. S – 603 of 2018

 

DATE                                     ORDER WITH SIGNATURE OF JUDGE

                                                           

 

Applicant                              Shahnawaz son of Muhammad Peeral by caste Shar, through Mr. Mazhar Ali Bhutto Advocate.

 

The State.                              Mr. Abdul Rehman Kolachi, Deputy Prosecutor General.

 

 

Date of hearing                   29-10-2018.

Date of Order.                      29-10-2018.

 

 

O R D E R.

 

AMJAD ALI SAHITO, J; Through instant application applicant/accused Shah Nawaz S/o Muhammad Peeral Shar seeks his admission to post arrest bail in Crime No.15/2018 registered at police station Mehboob Kalhoro, District  Khairpur for an offence under Section 9(c) Control of Narcotics Substances Act, 1997, whereby the post-arrest bail application of applicant/accused was dismissed by learned 1st Additional Sessions Judge Khairpur for CNS vide order dated 31-07-2018, hence the applicant/accused has filed the instant bail application.

2.                     The precise story of the prosecution is that on 19.06.2018 complainant ASI Bilawaluddin along with other police officials while on patrolling arrested the present applicant/accused and recovered 5140 grams Charas from his personal search, such mashirnama of arrest and recovery was prepared at the spot in presence of the mashirs. Thereafter the accused and case property were brought to police station, where the complainant has lodged the FIR against the accused on behalf of the State.

3.                     Mr. Mazhar Ali Bhutto, learned counsel for the applicant/accused submits that the applicant is a young boy of 19/20 years of age and has falsely been implicated in this case; that prior to this father of the applicant has moved such Criminal Miscellaneous Applications before the Court of learned Sessions Judge Larkana against the local police and due to such enmity the applicant/accused has been arrested and a huge quantity of charas has been foisted upon him; that there is a violation of section 103 Cr.P.C because no independent witness or mashir has been associated by the complainant. He lastly prayed that the applicant/accused may be released on bail.

4.                     On the other hand, Mr. Abdul Rehman Kolachi, learned DPG for the State has vehemently opposed for grant of bail to the applicant/accused by contending that the name of the applicant finds place in the FIR, whereas, a huge quantity of 5140 grams charas has been recovered from his exclusive possession; that the report of the Chemical Examiner is positive, therefore, mere ground of enmity with the police would not be sufficient to disbelieve such version and doubt the recovery of contraband charas. He lastly prayed for dismissal of the bail application.

5.                     I have heard the learned counsel for the applicant/accused, learned DPG for the State and have perused the record. From perusal of the record, it reflects that a huge quantity of 5140 grams charas have been recovered from the exclusive possession of the applicant/accused in presence of the mashirs, having no enmity with him, hence the mere contention of learned counsel for the applicant that there was enmity between the police and the father of the applicant, would not be sufficient ground to disbelieve the prosecution version. The drug peddlers do not hesitate from transporting the contrabands, which are being utilized by the peoples of all ages, as such a large number of families have been ruined and these type of peddlers are liable to be dealt with iron hands. As per learned counsel for the applicant/accused, there is a violation of Section 103 Cr.P.C, it is suffice to say that Section 103 Cr.P.C is not applicable in cases under the Narcotic law as the Section 25 of the Control of Narcotic Substances Act, 1997 has ousted the said Section. Furthermore, the entire recovered charas was sent to the office of Chemical Examiner, and such report has been received in positive. At bail stage, deeper appreciation is not allowed and only tentative assessment is to be made. Sufficient material is available on record to connect the applicant/accused with the commission of the offence.

6.                      In view of the above circumstances, the learned counsel for the applicant/accused has failed to make out a case for grant of bail, resultantly instant bail application stands dismissed.

7.                    The above observations are tentative in nature and will not affect the case of either party at the time of trial.

                                                           

 

 

                                                                                                              Judge

 

 

                                   

 

ARBROHI