ORDER SHEET
Crl. Bail Appln. No.06 of 2008
|
DATE |
ORDER WITH SIGNATURE OF JUDGE |
15.4.2008
Mr. Nisar Ahmed G. Abro, advocate for the applicant.
Mr. Muhammad Aslam Roshan, SPP ANF Sukkur present.
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Applicant Abdul Rahim Lodro, seeks bail in crime NO.04/2007 P.S ANF Sukkur under section (c) of the Control of Narcotic Substances, Act 1997. The bail plea of the applicant was rejected by learned Sessions Judge/Special Judge for Control of Narcotic Substances, Larkana vide order dated 18.12.2007.
Brief facts of the case are that on 01.6.2007 at 10.00 a.m. Inspector Muhammad Afzal Asim, SHO P.S ANF Sukkur lodged the report stating therein that on the day of incident he alongwith his subordinate staff left PS on receipt of spy information that a narcotic dealer Gada Ali had kept huge quantity of narcotics in his otaq, therefore, the police party left Sukkur for Larkana under entry No.6 at 1.30 p.m. At about 4-00 p.m. the complainant alongwith his subordinate staff reached the pointed place and apprehended applicant Abdul Rahim and Gada Ali while one another accused made his escape good by scalling the wall. Of them, accused having motorcycle NO.SKJ-7748 disclosed his name as Abdul Rahim while other accused having motorcycle No.SKR -70 without number plate disclosed his name as Gada Ali. The complainant also secured some currency notes from accused Abdul Rahim and mobile telephone while from plastic shopper charas weighing 1100 grams was secured from handle of his motorcycle. It is further alleged that from shopper 4-KG and 400 grams of charas was recovered from motorcycle of Gada Ali. It is further case of prosecution that from search of otaq charas in shape of rods was recovered which were counted to be 345 and each rod was weighed to be 1100 grams and total weight of charas came to 379.5 KG. Out of which 10 grams from each rod were taken as sample and the remaining was sealed at the spot.
I have heard Mr. Nisar Ahmed Abro, learned counsel for applicant and Mr.Muhammad Aslam Roshan, SPP ANF Sukkur.
Learned counsel for the applicant submits that the applicant has been falsely involved in the present case and he has nothing to do with the above incident. He further submits that the accused has been involved due to enmity with the police party. He has further submitted that there is mariginal difference in quantity of Charas as it has been shown exceeding 1 KG only with malafide intention to bring the case in the ambit of section 9-C and to take it out from provisions of section 9-B CNS Act, 1997. Learned counsel for the ANF opposed the grant of bail.
I have considered the arguments of the learned counsel for the parties and have perused the record. The contraband charas weighing 1100 grams has been recovered from the possession of applicant during the raid. The quantity of 1100 grams cannot be termed as mariginally exceeds the limits of borderline of clause (b) of section 9 of the CNS Act. The entire charas was in the shape of one slab where from sample was obtained and sent for chemical examination which stood with positive result, therefore, entire recovery of 1100 grams is to be considered. It has further been observed that the applicant was arrested from the place where a huge quantity of charas was found from otaq in different plastic bags while his another companion Gada Ali was also in possession of 4.400 KG of charas and samples were obtained from the entire charas. In such a situation even if the case of the applicant is considered separately then he is involved at least with the quantity of 1100 grams which falls within the meaning of Section 9 (c ) of CNS Act, 1997 and carries punishment up to life imprisonment, hence the bar contained in section 51 of the CNS Act, 1997 is fully attracted to the case in hand, which disentitles the applicant to the grant of bail. In such a situation the application is dismissed.
Judge
Abid
Kazi/*