ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA

Crl. Bail Appln. No. S-  508 of 2022.

Crl. Bail Appln. No. S- 509 of 2022.

Date of hearing

Order with signature of Judge

27.10.2022.

            Mr. Razi Khan Nabi Bux R. Chandio Advocate for applicant in both the bail applications.

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

~~~~~~~

Amjad Ali Sahito, J-    This common order would dispose of captioned two bail application as the same are outcome of same transaction. The applicant Gul Bahar son of Jan Muhammad Budhani Chandio seeks his release on post-arrest bail in cases registered vide Crime No.62 and 63 of 2022 registered at P.S  Wagan (District Kamber-Shahdadkot), for offence punishable under Section 9 (c) of Control of Narcotic Substances Act, 1997 and  23 (1)(a) of the Sindh Arms Act, 2013, respectively, for the alleged recovery of 4 ½ kilograms of charas and unlicensed pistol.

            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 sufficient delay to chemical examiner and as per report of chemical examiner gross weight of sample was 1320 grams and it’s net weight was 1300 grams though as per contents of F.I.R 1500 grams were sent for analysis. Learned counsel further added that, applicant is working at mobile shop of one Siraj Ahmed in Lalu Rawnk town, and since SHO of area, namely, Asghar Gopang wanted friendship with the applicant who is an adolescent boy of 16 years and on his refusal and due to intervention of owner of the shop, the applicant and owner of shop Siraj Ahmed have been booked in the false cases by police. 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 four and half kilograms coupled with recovery of unlicensed pistol, 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 4 ½ 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. There is recovery of an unlicensed pistol from the applicant during commission of the alleged offence. The offences with which the applicant stands charged fall 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, these bail applications stand dismissed. However, learned trial Court is directed to expedite trial of these cases and conclude the same within a period of preferably two months hereof.

                                                       Judge

Ansari