IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.2154 of
2024
|
DATE |
ORDER WITH
SIGNATURE(s) OF JUDGE(s) |
For
hearing of bail application
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22.04.2025
Mr. Sarfraz
Ali Mangi, Special Prosecutor ANF
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Shamsuddin Abbasi, J:- Imran
Khan son of Miskeen Khan seeks post-arrest bail in FIR
No.07/2024, registered at Police Station ANF Gulshan-e-Iqbal, Karachi for offence under Sections 9(1)3(C) of the Control
of Narcotics Substance Amended Act, 2022, after rejection of his bail plea by learned
Judge, Special Court-I (C.N.S.) Karachi vide order dated 20.05.2024.
2. This is second call but the learned
counsel for applicant is called absent. This is second bail application and his
earlier bail application was dismissed by this Court for non-prosecution vide
order dated 18.09.2024.
3. Succinctly, facts as enumerated
in the FIR are that on 22.03.2024 applicant was arrested from Ice Cream shop, Gulshan-e-Maymar at about 2315
hours and on his personal search conducted in presence of mashirs,
4 packets containing charas, weighing 4.800 Kgs were recovered from his possession, hence the subject
FIR.
4. Grounds mentioned in the second bail
application are that earlier bail application was dismissed for
non-prosecution, therefore, applicant has filed instant second bail
application; that during investigation CDR was furnished, which is in
contradiction with the prosecution story; that the alleged recovery has been
foisted upon the applicant; that the applicant is neither previously convict
nor there is any criminal record of the applicant; that there is violation of
Section 103, Cr.PC.
4. On the other hand, learned Special
Prosecutor ANF submits that a huge quantity weighing 4.800 Kgs
charas has been recovered from the possession of the
applicant/accused; that there is CRO against the applicant/accused which shows
that applicant is involved in another criminal case bearing FIR No.545/2009,
registered at P.S. Mominabad for offence under
sections 392/34, PPC; that the alleged offence falls within the prohibitory
clause of Section 497, Cr.PC and the case has been
proceeded before the trial Court where two PWs have been examined by learned
trial Court.
5. Heard learned Special Prosecutor ANF and
perused the material available on record.
6. It is matter of record that 1070 grams
of charas has been recovered from the possession of
applicant in presence of mashirs and report of
chemical examiner is positive. Perusal of record reflects that applicant is
involved in like nature cases. Sufficient material is available on record which
connects the applicant with the commission alleged offence. So far the
contention of learned counsel for applicant that recovered charas
is in different pieces but the same is not mentioned in FIR is concerned, it is
well settled that at bail stage deeper appreciation is not permissible under
the law, therefore, applicant is not found to
be entitled for grant of bail. Resultantly, the bail application is dismissed.
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 applicant/accused on
merits.
J U D G E
Gulsher/PS