THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

1^st Criminal Bail Application No.S-580 of 2022

Applicant:            Mst. Sehat Khatoon Noonari through Mr. Zafar Ali Malghani, Advocate.

Respondent:        The State

Through Mr. Aitbar Ali Bullo, Deputy Prosecutor General, Sindh.

Date of hearing:  12.12.2022

Date of Order:     12.12.2022

O R D E R

AMJAD ALI SAHITO, J.- Through instant Criminal Bail Application, applicant/accused Mst. Sehat Khatoon w/o Pandhi Khan Noonari seeks post-arrest bail in Crime No. 02/2022, offence under Sections 9(c) C.N.S. Act, 1997 of the Police Station EPS Larkana Town. Prior to this, she filed such application, but the same was turned down by the Court of III-Additional Sessions Judge/Special Judge, C.N.S, Larkana vide Order dated 12.11.2022; hence she filed instant Criminal Bail Application.

2.                The details and particulars of the F.I.R. are already available in the bail application  and F.I.R., same could not gathered from the copy of F.I.R. attached with such application, hence, needs not to reproduce the same hereunder.

3.                Per learned counsel, only 1300 grams of heroin has been recovered from the applicant/accused otherwise she is innocent. He lastly prayed for grant of bail to the applicant/accused.

4.                On the other hand learned Deputy Prosecutor General vehemently opposed the grant of bail to the applicant accused on the ground that 1300 grams of heroin powder was recovered from the possession of the applicant/accused, as such she is not entitled for concession of bail. 

5.                Heard and perused. Since huge quantity of 1300 grams of heroin powder was recovered from the possession of the applicant/accuse and after selling the same, such may be used against the society as such the applicant/accused is not entitled for concession of bail.  No ill-will or malafide has been pointed by the learned counsel for the applicant for false implication of the applicant in this case.  Learned counsel for the applicant has failed to make out the case for further investigation. Accordingly, instant Criminal Bail Application is dismissed having no merits.

6.                Needless to mention here that the observations made hereinabove are tentative in nature and would not influence the learned Trial Court while deciding the case of either party at trial.

                                J U D G E

Manzoor