IN
THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No.513 of
2025
|
DATE |
ORDER WITH
SIGNATURE(s) OF JUDGE(s) |
For
hearing of bail application
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14.04.2025
Mr. Kulsoom
Khan Jadoon, advocate for applicant
Ms. Rubina
Qadir, D.P.G.
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Shamsuddin Abbasi, J:- Bakht Muneer alias Huneer son of Gul Jalal seeks
post-arrest bail in FIR No.10/2025, registered at Police Station Civil Lines,
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 Additional
Sessions Judge-VI, Karachi South vide order dated 15.02.2025.
2. Succinctly, the facts as
enumerated in the FIR are that on 21.01.2025 at 03:00 p.m. SIP Aijaz Muhammad, while patrolling in area along with
subordinate staff, received information that a person is standing at Ahmed Raza Khan Road, Hijrat Colony,
Karachi having charas. Upon such information, SIP
reached at pointed place and apprehended the applicant, who disclosed his name as
Bakht Muneer alias Huneer, his personal search was conducted and recovered 1070
grams charas and cash Rs.530/- from his possession.
SIP sealed recovered charas at spot and brought the
accused and case property to police station where subject FIR was lodged on
behalf of State under the above referred section.
3. It is inter-alia contended by counsel for applicant that applicant is
innocent and he has been falsely implicated in this case by complainant with
malafide intention and ulterior motives as otherwise he has nothing to do with
the alleged offence. Per learned counsel, the recovery has been effected on spy
information despite that no private mashir has been
associated to witness the arrest and recovery; that there are different pieces
of charas which is not mentioned in the FIR; the
alleged offence does not come within the ambit of prohibitory clause of Section
497, Cr.PC as such, applicant may be released on bail
as the matter requires further inquiry.
4. On the other hand, learned D.P.G. has
opposed the grant of bail on the ground that case pertains to huge quantity of charas weighing 1070 grams, that chemical report is
positive, as such, applicant does not deserve to be released on bail in view of
Section 51 of the Act;. Per learned D.P.G., association of independent witness,
especially in narcotic cases, is not necessary, such requirement has been
excluded by virtue of Section 25 of the Act and non-association of private
witness is not a serious defect in such like cases.
5. Heard learned counsel for the
applicant/accused as well as D.P.G. 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