IN THE HIGH COURT OF SINDH, KARACHI

Crl. Bail Appln. No. S – 960 of 2018

Fazal Moula……………………………………………………………Applicant

Versus

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

Mr. Shaukat Hayat, advocate for the applicant Fazal Moula.

Mr. Habib Ahmed, Special Prosecutor ANF

Date of hearing: 08-10-2018

Date of Order: _________

O R D E R

Fahim Ahmed Siddiqui, J: The applicant Fazal Moula son of Gul Badshah is seeking post arrest bail in a case registered against him at PS ANF, Clifton vide FIR No. 12/2014 u/s 6/9 CNS Act.

2. I have heard the arguments advanced from either side and perused record produced before me. After getting enlightened by the valued submissions made at bar and scanning the record, I have observed as under:

(a) On a tip off, ANF raiding party arrested the applicant and his co-accused while they were available with a truck and a car parked in a street near Bilal Chowrangi, Korangi, Karachi. At the time of arrest, the applicant was shifting hashish (chars) from the truck to his car. From the truck and car, a total quantity of 256 kg of hashish (chars) was recovered amongst them 16 kg was shifted to the car.

(b) At the time of recovery, the applicant was standing nearby the car while the co-accused was available in the truck.

(c) The sampling of the recovered narcotics was done on the spot and the samples were sent for chemical analysis; the report of chemical analysis was positive. Hence, it is confirmed that the recovered narcotics is hashish (chars).

(d) Apparently, there is no animosity of the complainant or other ANF staff with the applicant besides no such plea is raised on behalf of the applicant.

(e) The recovered quantity is huge as such it cannot be said that the same was foisted upon the accused on account of enmity or due to any other reason.

(f) As far as non-compliance of the previous direction is concerned, the order of the trial Court is speaking in this respect. Usually, directions are given for boosting the trial Court and it is appreciable that such direction should be complied with. Nevertheless, non-compliance of the same is not amounting to the creation of a right of bail for an accused of heinous offences, like the present case.

3. In the light of the above observations, I am of the considered view that no ground exists for considering the plea of post arrest bail of the applicant unless some material witnesses are examined. However, the applicant may repeat bail application before the trial court after examining of material witnesses. Consequently, the instant bail application is declined.

J U D G E