IN THE HIGH COURT OF SINDH, CIRCUIT COURT,

LARKANA

Crl. Bail Appln. No. S-  424 of 2022.

Applicant:                 Shoukat Ali Sundrani, through Mr. Muhammad Afzal Jagirani, Advocate.

Respondent:              The State, through Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

Date of hearing:        20.10.2022.

Date of Order:           20.10.2022.

O R D E R

AMJAD ALI SAHITO, J- Through captioned bail application, applicant Shoukat Ali son of Wali Muhammad Sundrani has sought for post arrest bail in the case emanating from F.I.R No.116/2022, registered at P.S A-Section Kandhkot for offence punishable under Section 9 (c) of Control of Narcotic Substances Act, 1997; after his plea for post arrest bail was declined by learned Sessions Judge/ Special Judge (CNS), Kashmore @ Kandhkot by dismissing his application vide Order dated 23.08.2022.

            2.         It is alleged that the applicant was apprehended by the police party headed by complainant/ ASI Ali Muhammad Sabzoi of P.S A-Section Kandhkot, who secured 1500 grams of Charas from his possession in presence of police official witnesses and brought him alongwith recovered contraband material to police station and registered instant F.I.R.

            3.         Learned counsel for the applicant has mainly contended that it is case of  border line between Section 9 (b) and 9 (c) of the Control of Narcotic Substances Act, 1997; that the applicant has been falsely implicated by the police due to ulterior motives; that the prosecution witnesses are police officials and subordinate to the complainant. Learned counsel lastly prays that the applicant may be enlarged on bail.

            4.         Conversely learned D.P.G appearing for the State has opposed grant of bail to the applicant on the ground that the applicant was caught by the police party alongwith contraband material and he has been nominated in the promptly lodged F.I.R. He placed his reliance upon case of Noor Khan v. The State reported in 2021 SCMR 1212 and Siraj Muhammad v. The State reported in 2017 YLR Note 99.

            5.         It appears that the applicant was apprehended by the police party, who allegedly secured 1500 grams of Charas from his possession, which marginally exceeds upper limit of Section 9 (b) and 9 (c) of Control of Narcotic Substances Act, 1997 and it is case of border line between the clauses (b) and (c) of Control of Narcotic Substances Act, 1997. In this regard, I am fortified by the case law reported as 2020 SCMR 350 (Aya Khan and others v. The State), 2005 YLR 1862 (Riasat Ali v. The State), 2006 P.Cr.L.J 726 (Sherin Muhammad v. The State), 2007 YLR 2968 (Mehboob Ali v. The State), 2009 YLR 189 (Ghulam Hussain v. The State) and 2011 P.Cr.L.J 177 (Ayaz v. The State).

            6.         Moreover, all the witnesses of the incident are police officials and none from the public has been cited as witness despite prior information of the incident. The case has been challaned and applicant is in custody and no more required by police for further investigation.

            7.         In view of the foregoing reasons and discussion, I am of the considered view that the applicant has successfully made his case for grant of bail. Accordingly, the instant bail application stands allowed. Applicant Shoukat Ali is admitted to bail upon his furnishing a solvent surety in the sum of Rs.50,000/- (Fifty thousand rupees) and P.R bond in the like amount to the satisfaction of trial Court.

            8.         The observations made hereinabove are tentative in nature only for the purpose of deciding instant bail application, which shall not in any manner influence the learned trial Court at the time of final decision of the subject case.

                                                       Judge

Ansari