ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 232 of 2023.

Date of hearing

Order with signature of Judge

29.05.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Saeed Ahmed Bijrani, Advocate for applicant. 

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J:  On failure to obtain post bail from learned              trial Court i.e. Court of 1^st Additional Sessions Judge/ Model Criminal Trial Court/ Special Judge for CNS Kandhkot in F.I.R No.30 of 2023 dated 26.3.2023 registered at Police Station B-Section Kandhkot for offence punishable under Section 9 (c) of Control of Narcotic Substances Act, 1997; the applicant Allah Bux son of Ahmed Bux Bhutto has approached this Court for the same relief. 

            2.         The applicant has been booked in this case by Sub Inspector Janib Ali Dahani on 26.3.2023, for the recovery of 1960 grams of charas from his possession in presence of mashirs, for which F.I.R was registered against him on behalf of the State. 

            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; that this is case of border line in between Section 9 (b) and 9 (c) Control of Narcotic Substances Act, 1997; and the charas was sent to Laboratory with delay. Lastly, he submitted that challan of the case has already been filed and physical custody of the applicant is no more required to police for investigation purpose.

            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 1960 grams, as such the offence carries punishment upto fourteen years and 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 upon tentative assessment it appears from the record that the applicant was caught red-handed by the police party and recovery of considerable quantity of contraband charas weighing 1960-grams was effected from his possession, of which a Laboratory report is in positive.  No ill-will or malafide on the part of Police has been agitated for filing false case against applicant. Moreover, upon perusal of impugned order it reflects that the applicant is a habitual offender. The case of applicant is falling within the limit of “Prohibition” as contemplated in Section 51 of the Control of Narcotic Substances Act, 1997. The grounds urged 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 six months.

                                                              Judge

Ansari