ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Crl. Bail Appln. No.S-472  of  2012

DATE OF HEARING

ORDER WITH SIGNATURE OF HON’BLE JUDGE

04.12.2012.

For Hearing.

Mr. Athar Abbas Solangi, advocate for applicant.

Mr. Naimatullah Bhurgri, State Counsel.

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NAIMATULLAH PHULPOTO, J.-         Applicant/accused Ali Ahmed Khakhrani seeks bail in crime No.97/2012, registered against the accused at Police Station Naudero, for offence under Section 9(c) of the Control of Narcotic Substances Act, 1997.

          2/-    Brief facts of the prosecution case as disclosed in the F.I.R are that on 04.9.2012, complainant ASI Nazar Muhammad Abro of Police Station Naudero left police station at 9.30 a.m., in the government vehicle alongwith his subordinate staff, namely, PCs Zahid Ali, Tahir Rafique, and Muhammad Ali for patrolling.  During the patrolling, when reached at Rice Canal regulator, ASI received spy information that present accused sells charas and he was going by foot on the path of Rice Canal having charas in his possession.  On such information, police party proceeded to the pointed place, at 10.30 a.m., they reached at Rice Canal road leading to the Sukkur, where they saw the present accused.  He was carrying a black-coloured plastic bag in his hand.  He was surrounded and caught hold.  His personal search was conducted by ASI in presence of mashirs PCs Zahid Ali and Muhammad Ali.  From the plastic bag three pieces of charas were recovered.  Charas was weighed in presence of mashirs named above.  Its weight became 3000 grams.  Charas was sealed at spot.  Accused and case property were brought at Police Station, where case was registered against the accused under Section 9(c) of the Control of Narcotic Substances Act, 1997.

          3/-    During investigation charas was sent to the Chemical Examiner.  On the conclusion of investigation challan was submitted.  Bail application was moved on behalf of the applicant/accused before the Special Judge for CNS, Larkana.  The same was rejected vide order dated 26.9.2012.

          4/-    Mr. Athar Abbas Solangi, learned advocate for applicant/accused, contended that prosecution case is doubtful.  There are no reasonable grounds to believe that the accused has committed an offence.  The charas has been foisted upon the accused.  All the witnesses are police officials and no private person was associated.  Applicant/accused is victim of the enmity.  Lastly, it is argued that prosecution case requires further enquiry.

          5/-    Mr. Naimatullah Bhurgri, learned State Counsel, argued that 3000 grams charas have been recovered from the possession of the accused.  Such huge quantity could not be foisted by the police officials.  He has further submitted that no specific malafide/enmity has been alleged against the police officials.  Alleged offence falls within prohibitory clause of Section 497, Cr.P.C.  He has opposed the bail application.

          6/-    In my considered view, prima facie there is huge material against the applicant/accused to connect him in the commission of the offence.  According to the prosecution case, 3000 grams charas were recovered from the possession of the accused.  Apparently such huge quantity could not be foisted.  Contention that private persons were not associated as mashirs in this case requires deeper appreciation, which is not possible at bail stage.  Report of the Chemical Examiner is in positive.  Offence under Section 9(c) Control of Narcotic Substances Act, 1997 is punishable for death or imprisonment for life.  Therefore, there is no merit in the above bail application and stands dismissed.

                   Needless to observe that the above observations are tentative in nature and the trial Court shall not be influenced, in any manner, while deciding the case.

                                                                                                JUDGE       

Qazi Tahir/*