IN THE HIGH COURT
OF SINDH BENCH AT SUKKUR
Cr. Bail
Application No.S-635 of 2021
Applicants: Karam Khan and another, through M/s Qurban
Ali Baloch and Liaqat
Ali Shar, Advocates
State: Through Mr. Khalil Ahmed
Maitlo, DPG
Date of hearing: 24.12.2022
Date of decision: 24.12.2022
O
R D E R
Zulfiqar Ali Sangi, J: Through this bail application, the applicants/accused Karam Khan son of Shahbaz Khan
and Hameedullah son of Noor Muhammad seek their
post-arrest bail in Crime No.93/2021, registered at police station Baberloi, for offences under sections 3, 4, 5 and 8 of Main
Puri Gutka Act, 2019.
Earlier their bail application was declined by learned Additional Session Judge-III, Khairpur vide order dated 14.09.2021.
2. As per prosecution case 93 sacks
of Choora Main Puri Supari weighing 2045 K.Gs were recovered from Mazda vehicle
No.SDA-730O which was driven by applicant Karam Khan
and Hameedullah was sitting with him.
3. Learned Counsel
for the Applicant submits that the FIR was registered by ASI, however as per
Section 14(1) of the Sindh Prohibition of Preparation, Manufacturing, Storage,
Sale and Use of Gutka and Manpuri
Act, 2019 Sub-Inspector or equivalent is authorized in this behalf by the Home
Department who is competent to seize the item as mentioned in the Act. He next
submits that the punishment u/s 8 of the Act in only three years and the
offence does not fall within prohibitory clause of section 497 Cr.P.C. He also
submits that the investigation has been completed and the applicants are no
more required for further investigation. He prayed that the bail application be
allowed and applicants be enlarge on bail.
4. Learned DPG
while opposing the bail application submits that the applicant/accused have committed
the offence which is heinous one and against the society; that the FIR has been
registered on the same day and no malafide or enmity
has been shown against the complainant, therefore the applicants are not
entitled for the concession of bail.
5. I have heard
learned Counsel for the Applicant as well as DPG for the State and have gone
through the material available on record with their able assistance.
6. Record reflects
that alleged recovery was affected on 28.08.2021, however the samples were sent
for chemical examination on 06.09.2021. Further no sample from each packet has
been taken. All the witnesses are police officials; therefore, there is no
apprehension of tempering the evidence.
The investigation of case has been completed and the challan
has been filed before the court having jurisdiction, therefore, the custody of
applicants is no more required for further investigation. Further the offence
for which the applicants are involved carries punishment only for three years
which does not fall within the prohibitory clause of section 497 Cr.P.C and
grant of bail in these case is right while refusal is an exception as has been
held by Honourable Supreme Court of Pakistan in cases
of Tarique Bashir V. State (PLD 1995 SC
34), Zafar Iqbal V. Muhammad Anwar (2009 SCMR 1488),
Muhammad Tanveer V. State (PLD 2017 SC 733) and Shaikh Abdul Raheem V. The State etc (2021 SCMR 822).
7. From the tentative assessment of the record the
applicants have make out their case for further inquiry. Resultantly, this
application is allowed and the applicants are granted bail subject to
furnishing their solvent surety in the sum of Rs: 50,000/= (Fifty thousands) each
and PR bond in the like amount to the satisfaction of the trial court.
8. The above bail application is disposed of in the
above terms.
JUDGE
Suleman
Khan/PA