ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. S-  510 of 2022.

Date of hearing

Order with signature of Judge

27.10.2022.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Razi Khan Nabi Bux R. Chandio Advocate for applicant.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Amjad Ali Sahito, J-    Through instant bail application, applicant Siraj Ahmed son of Qamaruddin Lolai Buledi seeks his release on post-arrest bail in case registered vide Crime No.92/2022 at P.S  Nasirabad (District Kamber-Shahdadkot), for offence punishable under Section 9 (c) of Control of Narcotic Substances Act, 1997. The applicant approached the trial Court with the same prayer, which has been declined by learned 1^st Additional Sessions Judge/ Special Judge (CNS) Kamber, vide Order dated 06.10.2022.

            The details and particulars of the F.I.R are already available in the bail application and F.I.R; same could be gathered from the cop of F.I.R attached with this bail application, hence, needs not to reproduce the same here.

            Learned counsel for the applicant mainly contended that, the prosecution witnesses including both the mashirs are police personnel and no any private person has been cited as witness though per claim of complainant he was in information well in advance; that sample of alleged narcotic were sent with delay of seven days to chemical examiner and as per report of chemical examiner gross weight of sample was 1770 grams and it’s net weight was 1750 grams though as per contents of F.I.R 2000 grams were sent for analysis. Learned counsel further added that, applicant is running mobile shop in Lalu Rawnk town, where one Gul Bahar is working as his helper and since SHO of area, namely, Asghar Gopang wanted friendship with said Gul Bahar who is an adolescent boy of 16 years and on his refusal and due to intervention of applicant, the applicant has been implicated in this case by police, whereas Gul Bahar was also booked in two false cases. Per learned counsel the case has been challaned and custody of applicant is no more required to police for further investigation.   

            Conversely, learned D.P.G. opposed the grant of bail on the grounds that the applicant has been nominated in F.I.R; he was arrested alongwith huge quantity of Charas weighing five kilograms, and no malafides are proved against police to falsely implicate him in this case.

            I have given due consideration to the submissions made by the learned counsel for parties and perused the record.  

            It appears that huge quantity of five kilograms of Charas has been recovered from possession of applicant, out of which two kilograms were sent for chemical analysis and report of chemical analyzer is in positive. The offence with which the applicant stands charged falls within prohibitory clause. The police witnesses are good witnesses as any other citizen. The contentions of learned counsel with regard to variation in weight of narcotic shown in report of chemical examiner and defence plea raised by him require deeper appreciation, which is not permissible at bail stage, as only tentative assessment is to be made while deciding the bail application.

            In view of above, the learned counsel for applicant has not been able to make out a case for bail. Accordingly, the instant bail application stands dismissed. However, learned trial Court is directed to expedite trial of the case and conclude the same within a period of preferably two months hereof.

                                                       Judge

Ansari