ORDER-SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT LARKANA  

Crl. Bail Appln. No. S- 97 of 2023.

Date of hearing

Order with signature of Judge

27.03.2023.

1.         For orders on office objections.

2.         For hearing of bail application.

            Mr. Ali Bux Mashori, Advocate for applicant. 

            Mr. Aitbar Ali Bullo, Deputy Prosecutor General.

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Zulfiqar Ali Sangi, J:  Through this application, applicant Naeem Ahmed has sought for his admission to post-arrest bail in Crime No.14/2023 registered at Police Station Ratodero, for offences punishable under Section 9 (i) 3-C of Control of Narcotic Substances Act, 1997.  His similar request was turned down by learned 1^st Additional Sessions Judge/ Special Judge for CNS (M.C.T.C), Larkana, vide his Order dated 27.02.2023.

            The applicant has been booked and challaned for the recovery of 2000 grams of charas from his possession. 

            Learned counsel for the applicant mainly contended that the applicant is innocent and he has been falsely implicated by the police; that all the witnesses are police personnel and sub-ordinate of the complainant hence false implication of the applicant cannot be ruled out and that there is also violation of Section 21 of Control of Narcotic Substances Act, 1997.

            Learned D.P. G, vehemently opposes the grant of bail on the ground that the applicant was caught by police party along with contraband charas of two kilograms, as such the offence falls within prohibitory clause of 51 of Control of Narcotic Substances Act, 1997.

            Heard learned counsel for the respective parties and gone through the material placed on record.

            It is settled that for deciding the bail application the Court has to observe the tentative assessment and a deeper appreciation of evidence is not required amd from tentative assessment it appears that the applicant was caught by the police party and recovery of considerable quantity of contraband charas weighing 2000-grams was effected from his possession, as such case of the applicant is falling within the limit of “Prohibition” as contemplated in Section 51 of the Control of Narcotic Substances Act, 1997. The learned trial Court while dismissing the bail plea of the applicant has rightly relied upon case of Noor Khan v. The State reported in 2021 SCMR 1212. 

            In view of foregoing and the dicta laid down in case of Noor Khan (supra), this bail application stands dismissed. However, the learned trial Court is directed expedite the trial of the case and conclude it within a period of preferably four months with compliance report through the Additional Registrar of this Court.

                                                              Judge

Ansari