IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.334 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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13.03.2025
Mr. Junaid Anwar Khaskheli, advocate
for applicant
Ms. Seema Zaidi, Additional
Prosecutor General Sindh
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Shamsuddin
Abbasi, J:- Altaf Hussain son of Tharo
Khan Lashari seeks post-arrest bail in FIR No.08/2025, registered at Police
Station Memon Goth, Karachi for offence under Sections 9(1)3(b) of the Control
of Narcotics Substance Amended Act, 2022, after rejection of his bail plea by
learned Additional Sessions Judge-II, Malir, Karachi vide order dated 17.01.2025.
2. Facts of the case are that applicant/accused was apprehended
by police party of PS Memon Goth from Nagori Society Gadap Town, Karachi and on
his personal search recovered 510 grams charas, hence the subject FIR.
3. It is inter-alia
contended by the counsel for applicant that applicant is innocent and he has
been falsely implicated in this case due to mala fide intention and ulterior
motives; that alleged offence does not fall within the prohibitory clause of
section 497, Cr.PC; that applicant has been acquitted from other criminal
cases; that there is violation of Section 103, Cr.PC; that case has been
challenged and applicant/accused is no more required for further inquiry.
4. On the other hand, learned D.P.G. has
opposed the grant of bail on the ground that applicant was arrested red handed
from the scene of offence along with charas and chemical report is positive;
maximum punishment provided under section 9(1)3(b) of Control of Narcotic
Substances Act, 2022 is upto 9 years.
5. Heard learned counsel for applicant as
well as Additional Prosecutor General Sindh and perused the material available
on record.
6. It is alleged in FIR that applicant was
arrested along with 510 gram charas in presence of mashirs; IO prepared
mashirnama of place of incident and sealed the case property at the scene of
offence; as per chemical examiner report is positive and the case has been
challaned. It has come on record that applicant is involved in two other
criminal cases i.e. FIR No.11/2008, registered at P.S. Weehar, District Larkana
for offence under section 302, PPC and FIR No.287/2024, registered at P.S.
Memonn Goth for offence under section 9(a) of the Control of Narcotic
Substances Act, 1997.
7. It is well settled that at bail stage deeper appreciation is
not permissible under the law but as far as the evidence which is on the
surface of record of this case shows that applicant is, prima facie, connected
with the alleged offence. No evidence of enmity or animosity in terms of mala fide
or ulterior motive has been brought on record, which might have actuated the
complainant to falsely implicate the applicant or implant recovered quantity of
charas on him, thus, the applicant is, prima facie, involved and is well
connected with the commission of offence and question of grant of bail in like
cases does not arise. It is pertinent to note that such an offence is directed
against the Society and Hon’ble apex Court
has time
and again held that menace of drugs is increasing day by day due to various
reasons and it is very disheartening to observe that every day there are many
reports of drug peddlers being caught with drugs, which is great threat to a
peaceful society and is affecting many lives, especially youngsters, therefore,
culprits involved in like cases do not deserve any leniency and liable to be
dealt with iron hands so as to curb such activities.
8. For the foregoing reasons, the applicant
is not found to be entitled for grant of
post-arrest bail. Resultantly, the bail application is dismissed. It is,
however, need not to state that the observations recorded herein above
are of tentative assessment and meant for the purpose of the instant bail
application, therefore, the learned trial Court shall not be influenced in any
manner whatsoever while deciding the case of
applicant/accused on merits. However, learned trial Court, seized of the
matter, is directed to expedite the trial and ensure its early conclusion
preferably within a period of three months.
9. Instant Criminal Bail
Application stands dismissed in the
foregoing terms.
J U D G E
Gulsher/PS