IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Criminal Bail Appln. No. S-769 of 2024

Applicant	Sadam Hussain
	Through Mr. Habibullah G. Ghouri, advocate
The State	Mr. Aitbar Ali Bullo, D.P.G for the State
Date of hearing	03-03-2025
Date of order	05-03-2025

O R D E R

OMAR SIAL, J.- Sadam Hussain was arrested on 25.10.2024 while he was in possession of 2500 grams of charas. F.I.R. No. 119 of 2024 was registered under section 9(3)(c) of the Control of Narcotic Substances Act, 1997 at the Ali Goharabad police station.

2.      Mr. Ghauri had argued that allegedly only two and a half kilograms of charas were recovered, which, too, were not recovered but were foisted upon the applicant. He further argued that the applicant has been in custody for nearly a year and is not required for further investigation. He lastly argued that the sentence for possession of two and a half kg charas was imprisonment of 9 to 14 years. As the lower sentence is to be considered at the bail stage, the offence with which the applicant is charged falls within the non-prohibitory clause of section 497 Cr.P.C. The learned Deputy Prosecutor General opposed the grant of bail.

3.      I have heard the learned counsel for the applicant and the Deputy Prosecutor General.

5.      With much respect, the grounds raised by the counsel do not justify the grant of bail. He is correct that a stereotypical story has been narrated, however, there is nothing on the record to show malafide on the part of the police. No malice has been pleaded. The grounds for bail due to statutory delay have still not matured. On a tentative assessment, it appears that the applicant was arrested with a substance which was subsequently opined to be charas – the possession of which carries a potential sentence of 9 to 14 years. I have considered the learned counsel's argument that the sentence falls within the non-prohibitory clause of section 497 Cr.P.C. However, considering the principles enunciated in Tariq Bashir & 5 others v. the State (PLD 1995 SC 34), I considered possessing narcotics an exceptional ground to deny the applicant bail. Accordingly, the bail application is dismissed.

JUDGE

Abdul Salam/P.A