IN THE HIGH COURT OF SINDH BENCH AT SUKKUR

Cr. Bail Application No.S-635 of 2021

Applicants: Karam Khan and another, through M/s Qurban Ali Baloch and Liaqat

Ali Shar, Advocates

State: Through Mr. Khalil Ahmed Maitlo, DPG

Date of hearing: 24.12.2022

Date of decision: 24.12.2022

O R D E R

Zulfiqar Ali Sangi, J: Through this bail application, the applicants/accused Karam Khan son of Shahbaz Khan and Hameedullah son of Noor Muhammad seek their post-arrest bail in Crime No.93/2021, registered at police station Baberloi, for offences under sections 3, 4, 5 and 8 of Main Puri Gutka Act, 2019. Earlier their bail application was declined by learned Additional Session Judge-III, Khairpur vide order dated 14.09.2021.

2. As per prosecution case 93 sacks of Choora Main Puri Supari weighing 2045 K.Gs were recovered from Mazda vehicle No.SDA-730O which was driven by applicant Karam Khan and Hameedullah was sitting with him.

3. Learned Counsel for the Applicant submits that the FIR was registered by ASI, however as per Section 14(1) of the Sindh Prohibition of Preparation, Manufacturing, Storage, Sale and Use of Gutka and Manpuri Act, 2019 Sub-Inspector or equivalent is authorized in this behalf by the Home Department who is competent to seize the item as mentioned in the Act. He next submits that the punishment u/s 8 of the Act in only three years and the offence does not fall within prohibitory clause of section 497 Cr.P.C. He also submits that the investigation has been completed and the applicants are no more required for further investigation. He prayed that the bail application be allowed and applicants be enlarge on bail.

4. Learned DPG while opposing the bail application submits that the applicant/accused have committed the offence which is heinous one and against the society; that the FIR has been registered on the same day and no malafide or enmity has been shown against the complainant, therefore the applicants are not entitled for the concession of bail.

5. I have heard learned Counsel for the Applicant as well as DPG for the State and have gone through the material available on record with their able assistance.

6. Record reflects that alleged recovery was affected on 28.08.2021, however the samples were sent for chemical examination on 06.09.2021. Further no sample from each packet has been taken. All the witnesses are police officials; therefore, there is no apprehension of tempering the evidence. The investigation of case has been completed and the challan has been filed before the court having jurisdiction, therefore, the custody of applicants is no more required for further investigation. Further the offence for which the applicants are involved carries punishment only for three years which does not fall within the prohibitory clause of section 497 Cr.P.C and grant of bail in these case is right while refusal is an exception as has been held by Honourable Supreme Court of Pakistan in cases of Tarique Bashir V. State (PLD 1995 SC 34), Zafar Iqbal V. Muhammad Anwar (2009 SCMR 1488), Muhammad Tanveer V. State (PLD 2017 SC 733) and Shaikh Abdul Raheem V. The State etc (2021 SCMR 822).

7. From the tentative assessment of the record the applicants have make out their case for further inquiry. Resultantly, this application is allowed and the applicants are granted bail subject to furnishing their solvent surety in the sum of Rs: 50,000/= (Fifty thousands) each and PR bond in the like amount to the satisfaction of the trial court.

8. The above bail application is disposed of in the above terms.

JUDGE

Suleman Khan/PA