IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail Application No. 760 of
2023
|
DATE |
ORDER
WITH SIGNATURE OF JUDGE. |
1. For orders on
office objection A
2. For orders on
M.A.No. 4132/2023
3. For hearing of bail
application
18.04.2023
Mr.
Irfan Ahmed Memon advocate for the petitioner
Peer
Riaz Muhammad Shah DAG
Dr.Shoaib Ahmed FIA Drugs-III, Karachi and
Inspector Habib-ur-Rehman, FIA, ACC, Karachi
-.-.-.-.-.-.-.-.
Applicant/accused
Salman Abdul Majeed seeks post arrest bail in FIR No. 09/2023 registered at PS
FIA ACC Karachi for offences under Sections 23(1)(a)(vii), 23(1)(i), punishable
under section 27 of Drugs Act, 1976. Previously applicant applied for the same
relief before learned Drug Court Sindh at Karachi, but concession of bail was
refused to him vide order dated 01.04.2023. Thereafter, applicant/accused
approached this Court.
2. Learned counsel for the
applicant/accused argued that applicant was employee at the medical store; that
the samples of medicines which were taken by the I.O have been certified by
Laboratory as standard quality with regard to the test performed; that
co-accused Muhammad Umair has already been granted bail by this Court on
14.04.2023 and case of applicant is identical; investigation is complete,
accused is no more required for investigation and prayed for grant of bail. In
support of his submissions, he has relied upon the cases reported as Fida
Hussain vs. The State and others (PLD 2002 S.C 46) & Muhammad Imran vs. The
State (2021 P.Cr.L.J 804).
3. DAG argued that co-accused Muhammad
Umair has already been granted bail but opposed bail application of the
applicant on the ground that case is a fresh one. I.O submits that
investigation is complete, interim challan has already been submitted and
accused is no more required for investigation.
4. Heard learned counsel for the parties
and perused the relevant record. It appears that co-accused Muhammad Umair has
already been granted bail by this Court vide order dated 14.04.2023 holding
that prosecution case requires further inquiry. It is a matter of record that
medicines recovered from the medical store were sent to the laboratory and
samples have been certified as standard quality with regard to the test
performed. I.O submitted that investigation is complete, applicant is in
judicial custody and he is no more required for further investigation. Prima
facie, it appears that there are no reasonable grounds for believing that the
applicant/accused has committed the alleged offence but there are sufficient
grounds for further inquiry into his guilt, therefore, case against applicant
requires further inquiry as contemplated under Section 497(2) Cr.P.C. Thus
concession of bail is extended to applicant Salman Abdul Majeed, subject to his
furnishing solvent surety in the sum of Rs.200,000/- (Rupees Two Lacs Only) and
P.R bond in the like amount to the satisfaction of trial Court.
5. Needless to mention here that the
observations made hereinabove are tentative in nature and wold not influence
trial Court while deciding the case of the applicant/accused.
JUDGE
JUDGE
Wasim
ps