ORDER
SHEET
IN
THE HIGH COURT OF SINDH BENCH AT SUKKUR
Cr. B.
A. No. S – 450 of 2021
|
Date of hearing |
Order with signature of
Judge |
09.08.2021
Mr. Shahid Ali Phulpoto, Advocate for applicant.
Mr. Aftab Ahmed Shar, Additional Prosecutor General.
..............
Having
been rejected his earlier Cr. B. A. No.2087/2021 by the learned Additional
Sessions Judge-I / (MCTC) / Special Judge for CNS, Khairpur, vide order dated
19.07.2021, the applicant Jahanzaib Khan son of Hastam Khan seeks post-arrest
bail through instant Cr. Bail Application in crime No.95/2021 registered at PS,
Gambat, District Khairpur, under Section 9(c) Control of Narcotic Substances,
Act, 1997.
Briefly
stated, it is the case of the prosecution that on 21.06.2021 at 1430 hours,
applicant was arrested by SIP Allah Dino Jamro of CIA, Khairpur at National
Highway road Sukkur to Karachi near Nasim Kharal gate on being found in
possession of 1100 grams of charas while driving a car No.ARB-858 Aqua 2017.
Learned
counsel for the applicant contends that the applicant is innocent and has
falsely been implicated by the police; that as per FIR, the accused was found
in possession of 1100 grams of charas while as per report of Chemical Examiner
the gross weight of the charas received by him was 1000 grams and net weight
990 grams and hence the case of the applicant does not fall within the ambit of
9(c) but 9(b) Control of Narcotic Substances, Act, 1997; that the alleged difference
of weight of charas makes the case of the applicant one of further enquiry.
On
the other hand, learned Additional Prosecutor General while admitting the
difference in weight of charas recovered by the complainant at the time of
recovery and by the Chemical Examiner at the time of analyzing the charas from
1100 grams to 990 grams, states that the alleged act of the applicant falls
within the ambit of section 9(b) Control of Narcotic Substances, Act, 1997,
which is on border line. Accordingly, he does not oppose the grant of bail to
the applicant.
Heard
learned counsel for the applicant as well as learned Additional Advocate
General and perused the material available on record.
It
is an admitted position that the alleged charas, at the time of recovery, was
weighed on Electric Weighing machine by the complainant, which came to 1100
grams and the same was sent to Chemical Examiner after two days of the alleged
recovery where the same was weighed and came to 990 grams, which is under
Section 9(b) of the Act, 1997 being punishable to the extent of seven years
does not fall within the prohibitory clause of Section 497, Cr. P. C. Even the recovery
of alleged quantity of charas is on the border line of Section 9(c) of the Act,
1997. Hence the applicant is admitted to bail subject to furnishing solvent
surety in the sum of Rs.50,000/- (Fifty thousand) and PR bond in the like
amount to the satisfaction of trial Court.
Instant Criminal Bail Application
stands disposed of.
__________________
J U D G E
N.M.