IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.3034 of
2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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10.02.2025
Mr. Muhammad Hanif Chandio, advocate
for applicant
Ms. Amna Ansari, Additional
Prosecutor General Sindh
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SHAMSUDDIN ABBASI,
J.-- Applicant/accused Mazhar
Ali seeks post arrest bail in FIR No.484/2024, registered at P.S. Malir Cantt.
for offence under Section 9(1)(3)(c) of the Control of Narcotic Substances
(Amended) Act, 2022, after rejection of bail plea by learned Additional
Sessions Judge-I/MCTC, Malir, Karachi vide order dated 18.12.2024.
2. Brief
facts of the prosecution case are that on 01.12.2024 SIP Ali Murad, lodged FIR
against the applicant by stating therein that he was on patrolling and during
patrolling he received spy information against the applicant; he reached there
and arrested the applicant in presence of mashirs and recovered 1100 grams
charas and cash Rs.200/-. SIP brought the case property and applicant at police
station and lodged the FIR to the above extent.
3. Learned
counsel for applicant submits that the applicant is innocent and he has been
falsely implicated in this case; that there is violation of Section 103, Cr.PC;
that offence provides two punishments and lesser punishment is to be considered;
that the prosecution has failed to disclose the quantum of alleged narcotic to
be sent separately for chemical examination; that there is no criminal record
of the applicant, therefore, he may be released on bail. He relied on the cases
reported in 2024 SCMR 913 (Sagheer Ahmed
vs. The State), 2024 SCMR 934 (Zahid
Sarfaraz Gill vs. The State) and 2016 PCr.LJ Note 109 (Abid alias Aabi Arain vs. The State).
4. On the
other hand, learned Additional Prosecutor General Sindh provided list of three
criminal cases of same nature, registered against the applicant in the years
2022 and 2024 and submits that there is positive report of chemical examiner,
as such, the applicant/accused is not entitled for grant of bail. She opposed
the bail application.
5. Heard
learned counsel for the applicant/accused as well as Additional Prosecutor
General Sindh and perused the material available on record.
6. From
perusal of record, it appears that the applicant/accused was arrested along
with 1100 grams charas and mashirnama of arrest and recovery was prepared at
spot in presence of mashirs; during investigation all the PWs have supported
the case of prosecution; case property was sent to the chemical examiner and
report of chemical examiner is positive, which fully implicates the
applicant/accused in the commission of offence. Learned Additional Prosecutor
General Sindh has produced list of three criminal cases, all registered against
the applicant/accused at Police Station Malir Cantt. bearing FIRs Nos.341/2022,
190/2024 and 221/2024 of same nature, which shows that he is involved in
narcotic cases. The case law submitted by the counsel for applicant is on
different footing and it is well settled principle of law that every case is to
be decided on its own merits. The maximum punishment provided is 14 years,
which brings the case of applicant within the ambit of prohibitory clause of
Section 497, Cr.PC. Sufficient material is available on the record, which
connects the applicant/accused to the commission of offence, therefore, the
bail application being meritless is dismissed.
However, learned trial Court is directed to proceed with the case and decide
the case of the applicant/accused expeditiously, preferably within a period of
three months.
7. Needless
to mention here that the observations made hereinabove are tentative in nature,
the same would not influence the trial Court while deciding the case of the
applicant/accused on merits.
J
U D G E
Gulsher/PS