IN THE HIGH COURT OF SINDH, KARACHI
Criminal Bail Application No. 985 of 2006
Present: Mr. Justice Rahmat Hussain Jafferi
Justice Mrs. Yasmin Abbasey, JJ
Date of Hg : 6.12.2006
Applicant : Jacob Tabassum Masih through Mr. Hussain Bux K. Baloch, Advocate.
Respondent : The State through Mr. S. Mahmood Alam Rizvi, Standing Counsel.
RAHMAT HUSSAIN JAFFERI, J: Brief facts giving rise to the present bail application are that on 18.3.2006 the complainant S. Javaid Akhtar, Senior Preventive Officer, Custom House, Karachi intercepted the applicant in Departure Lounge of Quaid-e-Azam International Airport, Karachi. He was suspected to be carrying narcotics in his body, therefore, he was admitted in Ward No.5 of Jinnah Hospital. With a medical process 51 heroin filled capsules weighing 500 grams were extracted from his stomach, therefore, such FIR was lodged against him. The applicant moved bail application before the trial Court, but the same was dismissed, hence the present application.
We have heard advocate for the applicant, Standing Counsel for the State and perused the record of this case.
From the facts of the case, it is clear that the heroin filled capsules were extracted from the stomach of the applicant through medical process, but there is no evidence of any Medical Officer in support of such allegation.
The learned Standing Counsel was enquired to show us statement of any Medical Officer, who extracted heroin filled capsules from the stomach of the applicant, but he frankly conceded that such evidence is not available in the police papers, as the Investigation Officer did not record the statement of Medical Officer. Without such evidence the case of the applicant requires further enquiry about the guilt of the applicant. The prosecution has to prove the said fact at the time of trial, hence the applicant is entitled to the concession of bail at this stage.
Above are the reasons of our short order dated 6.12.2006, by which we had allowed the application by granting bail to the applicant in the sum of Rs.75,000/- on furnishing solvent surety with P.R. bond in the like amount to the satisfaction of the trial Court.
Karachi
Dated ___.12.2006 JUDGE
JUDGE