ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 211 of 2023.

Date of hearing

Order with signature of Judge

10.05.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Naseer Ahmed Khan Lodhi, Advocate for applicant. 

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J:  Through this application, applicant Babal son of Nawab Brohi has sought for his admission to post-arrest bail in Crime No.09/2022 registered at Police Station Rahim-abad, for offences punishable under Section 9 (c) of Control of Narcotic Substances Act, 1997.  His similar request was turned down by learned 1^st Additional Sessions Judge/ Model Criminal Trial Court Shikarpur vide his Order dated 11.4.2023.

            2.         The applicant has been booked and challaned for the recovery of 5000 grams of charas from his possession. 

            3.         Learned counsel for the applicant mainly contended that the applicant is innocent and he has been falsely implicated by the police; that all the witnesses are police personnel and sub-ordinate of the complainant hence false implication of the applicant cannot be ruled out and that there is also violation of Section 21 of Control of Narcotic Substances Act, 1997. He further added that mashirnama of arrest and recovery looks false and managed one as it was prepared much before F.I.R but it bears F.I.R number; that it is alleged in F.I.R that five big and small pieces of charas weighing 5000 grams were recovered but as per report of chemical analyzer the charas sent to him was 4500 grams and that there is delay in sending the samples to the chemical analyzer. Per learned the applicant is a student and his career is involved in this case.

            4.         Learned D.P. G, vehemently opposed the grant of bail on the ground that the applicant was caught by police party along with contraband charas of five kilograms, as such the offence falls within prohibitory clause of Section 51 of Control of Narcotic Substances Act, 1997.

            5.         Heard learned counsel for the respective parties and gone through the material placed on record.

            6.         It is settled that for deciding the bail application the Court has to observe the tentative assessment and a deeper appreciation of evidence is not required and from tentative assessment it appears from the record that the applicant was caught by the police party and recovery of considerable quantity of contraband charas weighing 5000-grams was effected from his possession, as such case of the applicant is falling within the limit of “Prohibition” as contemplated in Section 51 of the Control of Narcotic Substances Act, 1997. However, the grounds agitated by the learned counsel require deeper appreciation, which is unwarranted at bail stage.

            7.         The Hon’ble Supreme Court in case of Noor Khan v. The State reported in 2021 SCMR 1212, while dealing with case of recovery of 1320 grams of cannabis declined bail to accused. It was held by Hon’ble Apex Court that:

             “The petitioner was surprised by a police contingent on 05.12.2020 within the precincts of Police station Civil Lines, Rawalpindi with 1320 grams of cannabis, concealed in a shopping bag; he was declined bail throughout, lastly by a learned Judge-in-Chamber of Lahore High Court Rawalpindi bench vide impugned order dated 23.02.2021; he seeks leave to appeal therefrom. Red-handed with seizure of considerable quantity of the contraband squarely brings petitioner’s case within the remit of “prohibition” contemplated by section 51 of the Control of Narcotic Substances Act, 1997; his claim of false implication is of issue that cannot be attended without going beyond the barriers of tentative assessment, an exercise prohibited by law. On our own analysis of the record, view concurrently taken by the Courts below is not open to any legitimate exception. Petition fails. Leave declined. Bail refused.”

            8.         In view of foregoing and the dicta laid down in case of Noor Khan (supra), this bail application stands dismissed. However, the learned trial Court is directed expedite the trial of the case and conclude it within a period of preferably four months.

                                                              Judge

Ansari