IN THE HIGH COURT OF SINDH AT KARACHI
Criminal Bail
Application No.541 of 2025
|
DATE |
ORDER WITH
SIGNATUREs OF JUDGEs |
For
hearing of bail application
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18.03.2025
Mr. Muhammad Ibrar Arain, advocate
for applicant
Mr. Sarfraz Ali Mangi, Special
Prosecutor ANF
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Applicant/accused
Shabbir Khan son of Khameso Khan seeks post arrest bail in FIR No.43/2024,
registered at P.S. ANF Gulshan-e-Iqbal, Karachi for offence under Sections 6,
9(1)3(e), 14, 15 of the Control of Narcotic Substances (Amended) Act, 2022,
after rejection of his bail plea by learned trial Court vide order dated
06.02.2024, who was arraigned as accused on the allegation that applicant, who
was driving the rickshaw, was apprehended and from secrete cavities of rickshaw
charas weighing 66Kg was recovered from his possession, hence the subject
FIR.
2. Learned
counsel for applicant submits that applicant is innocent and he has been
falsely implicated in this case by ANF officials with mala fide intentions and
ulterior motives; that there is violation of directions of the Supreme Court of
Pakistan in the case of Zahid Sarfaraz Gill vs. State (PLD 2024 SC (Criminal
Case) 8, whereby ANF officials were directed to record the proceedings of
recovery; that the applicant is rickshaw driver and his case requires further
inquiry in terms of Section 497(2), Cr.PC.
3. On the
other hand, learned Special Prosecutor ANF opposed for grant of bail on the ground
that applicant was arrested at the place of incident where huge quantity of
charas weighing 66 Kg has been recovered from his possession in presence of
mashirs; that report of chemical examiner is positive; that sufficient material
is available on record which connects the applicant to the commission of
alleged offence.
4. Heard
learned counsel for applicant, Special Prosecutor ANF and perused the material
available on record.
5. From
the tentative assessment of material available on record it appears that applicant
was arrested along with huge quantity 66Kg charas in presence of mashirs;
complainant has completed all the required formalities and sent the charas to
the chemical examiner for report within time and the report of chemical
examiner is positive, which connects the applicant with the commission of
alleged offence; that the alleged offence carries capital punishment i.e.
imprisonment for life and bring the case of applicant within the ambit of
prohibitory clause of section 497, Cr.PC. It is well settled law that every
case has its own merits and it should be decided on its own merits. Case law
cited by learned counsel for applicant is on different footings; sufficient
material is available on record to connect the applicant/accused with the
commission of alleged offence. Therefore, instant criminal bail application is dismissed. However, it is made clear
that the observations made herein in above are tentative in nature, the same
would not prejudice the case of either party at trial.
J U D G E
Gulsher/PS