IN THE HIGH COURT OF SINDH AT KARACHI
Cr. Bail
Application No.2833 of 2024
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
---------------------------------------------
30.04.2025
M/s Salahuddin Khan Gandapur & Safiruddin
Khan Gandapur, advocates for applicant
Mr.
Mohsin Ali Khan, Special Prosecutor ANF
----------------------------------
Shamsuddin
Abbasi, J.-- Wasi Ahmed son
of Ahmed Khan, seeks post-arrest bail in FIR No.40/2024 registered at Police
Station ANF-II, Korangi, Karachi for offence under Sections 6/9(1)6(C), 14 and
15 of the Control of Narcotics Substance Amended Act, 2022, after the same was
declined by trial Court vide order dated 03.08.2024.
2 Succinctly,
the facts as enumerated in the FIR are that on 08.06.2024 at about 0300 hours,
complainant/inspector Umer Zia received information through Naib Subedar Raza,
who was shift Incharge of ANF Counter at JIAP, Karachi that one passenger of
Airline of Imarets Flight No.EK-607 was found suspicious, when he was going
abroad. On such information Inspector Umer Zia with subordinate staff of PS
ANF-II, Korangi reached at ANF Checking Counter International Departure, JIAP
Karachi at about 0400 hours and met with Naib Subedar Raza, who handed over him
the said person, he was apprehended in presence of mashirs, who disclosed his
name as Wasi Ahmed son Ahmed Khan and from his possession two packets of
Heroin, which were tactfully concealed in wearing blue color Jogging shoes.
Each packet of heroin was weighed separately and found to be 506.5 grams each,
total accumulated weight of recovered Heroin was 1013 grams. Thereafter,
apprehended accused and case property was brought to PS ANF Korangi Karachi,
where such FIR was lodged on the same day.
3. Learned
counsel for applicant submits that applicant is an old and infirm person, aged
about 75 years; that there is violation of section 103, Cr.PC; that there is
serious question of credibility on the point of safe custody as the recovery
was made on 08.06.2024 and the same was received by chemical examiner on
10.06.2024; that it is a borderline case and exceeded 14 grams from borderline
weight 999 grams. He finally prayed for grant of bail on the ground that the
case of applicant requires further inquiry in terms of section 497(2) Cr.PC.
4. On the
other hand, learned Special Prosecutor ANF has opposed the grant of bail on the
ground that a huge quantity of heroin weighing 1013 grams was recovered from the
possession of applicant which he was transporting outside the country; that
alleged offence falls within the ambit of prohibitory clause of section 497,
CrPC
5. From
tentative assessment of material available on record it appears that applicant
was arrested from Airport in presence of mashirs and from his possession 1013
grams of heroin was recovered, which comes within the ambit of prohibitory
clause of Section 497, Cr.PC; that report of chemical examiner is positive,
which connects the applicant with the alleged offence. Insofar as application
of Section 103, Cr.PC is concerned, suffice to say that such a requirement has
specifically been excluded by virtue of Section 25 of the Act Reliance is
placed on the case of Muhammad Noman Munir v. The State and another (2020 SCMR 1257).
6. So far
as the contention of learned counsel for applicant that applicant is an old and
infirm person is concerned, old age is not ground for grant of bail whereas
learned counsel for applicant has not produced any documents which shows that
applicant is an infirm person. As regards to the argument of learned counsel
for applicant that matter requires further inquiry and applicant deserves to be
enlarged on bail, law on this point is quite clear that an accused who is
seeking bail in a case falling within the ambit of prohibitory clause of
Section 497, Cr.PC is required to bring his case within the ambit of further
inquiry not by raising defence plea but from the material collected and, that
too, by tentative referral thereof. It is noteworthy that keeping in view the
severity of like offences, the Legislature has included Section 51 in the Act
which, prima facie, creates bar in granting bail to an accused involved in like
cases.
7. It is
well settled that at bail stage deeper appreciation is not permissible under
the law but as far as the evidence which is on the surface of record of this
case shows that the applicant is, prima facie, connected with the offence with
which he has been charged. No evidence of enmity or animosity in terms of mala fide
or ulterior motive has been brought on record, which might have actuated the
complainant to falsely implicate the applicant or implant such a huge quantity
of heroin on him, thus, the applicant is, prima facie, involved and is well
connected with the commission of offence and the question of grant of bail in
like cases does not arise. Pertinent to note that such an offence is directed
against the Society and the Hon'ble apex Court has time and again held that the
menace of drugs is increasing day by day due to various reasons and it is very
disheartening to observe that every day there are many reports of drug peddlers
being caught with drugs, which is great threat to a peaceful society and is
affecting many lives, especially the youngsters, therefore, culprits involved
in like cases do not deserve any leniency and liable to be dealt with iron
hands so as to curb such activities.
8. For the
foregoing reasons, the applicant is not found to be entitled for grant of
post-arrest bail. Resultantly, the bail application is dismissed. It is,
however, need not to state that the observations recorded herein above are of
tentative assessment and meant for the purpose of the instant bail application,
therefore, the learned trial Court shall not be influenced in any manner
whatsoever while deciding the case of applicant on merits. However, learned
trial Court, seized of the matter, is directed to expedite the trial and ensure
its early conclusion preferably within a period of three months.
9. This
Criminal Bail Application No.2833 of 2024 stands dismissed in the foregoing
terms.
J
U D G E
Gulsher/PS