ORDER SHEET

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