ORDER SHEET

IN THE HIGH COURT OF SINDH AT KARACHI

Cr. Bail Application No.2833 of 2024

DATE

ORDER WITH SIGNATUREs OF JUDGEs

 

For hearing of bail application

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30.04.2025

            M/s Salahuddin Khan Gandapur & Safiruddin Khan Gandapur, advocates for applicant

Mr. Mohsin Ali Khan, Special Prosecutor ANF

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Shamsuddin Abbasi, J.--  Wasi Ahmed son of Ahmed Khan, seeks post-arrest bail in FIR No.40/2024 registered at Police Station ANF-II, Korangi, Karachi for offence under Sections 6/9(1)6(C), 14 and 15 of the Control of Narcotics Substance Amended Act, 2022, after the same was declined by trial Court vide order dated 03.08.2024.

 

2          Succinctly, the facts as enumerated in the FIR are that on 08.06.2024 at about 0300 hours, complainant/inspector Umer Zia received information through Naib Subedar Raza, who was shift Incharge of ANF Counter at JIAP, Karachi that one passenger of Airline of Imarets Flight No.EK-607 was found suspicious, when he was going abroad. On such information Inspector Umer Zia with subordinate staff of PS ANF-II, Korangi reached at ANF Checking Counter International Departure, JIAP Karachi at about 0400 hours and met with Naib Subedar Raza, who handed over him the said person, he was apprehended in presence of mashirs, who disclosed his name as Wasi Ahmed son Ahmed Khan and from his possession two packets of Heroin, which were tactfully concealed in wearing blue color Jogging shoes. Each packet of heroin was weighed separately and found to be 506.5 grams each, total accumulated weight of recovered Heroin was 1013 grams. Thereafter, apprehended accused and case property was brought to PS ANF Korangi Karachi, where such FIR was lodged on the same day.

 

3.         Learned counsel for applicant submits that applicant is an old and infirm person, aged about 75 years; that there is violation of section 103, Cr.PC; that there is serious question of credibility on the point of safe custody as the recovery was made on 08.06.2024 and the same was received by chemical examiner on 10.06.2024; that it is a borderline case and exceeded 14 grams from borderline weight 999 grams. He finally prayed for grant of bail on the ground that the case of applicant requires further inquiry in terms of section 497(2) Cr.PC.

 

4.         On the other hand, learned Special Prosecutor ANF has opposed the grant of bail on the ground that a huge quantity of heroin weighing 1013 grams was recovered from the possession of applicant which he was transporting outside the country; that alleged offence falls within the ambit of prohibitory clause of section 497, CrPC

 

5.         From tentative assessment of material available on record it appears that applicant was arrested from Airport in presence of mashirs and from his possession 1013 grams of heroin was recovered, which comes within the ambit of prohibitory clause of Section 497, Cr.PC; that report of chemical examiner is positive, which connects the applicant with the alleged offence. Insofar as application of Section 103, Cr.PC is concerned, suffice to say that such a requirement has specifically been excluded by virtue of Section 25 of the Act Reliance is placed on the case of Muhammad Noman Munir v. The State and another (2020 SCMR 1257).

 

6.         So far as the contention of learned counsel for applicant that applicant is an old and infirm person is concerned, old age is not ground for grant of bail whereas learned counsel for applicant has not produced any documents which shows that applicant is an infirm person. As regards to the argument of learned counsel for applicant that matter requires further inquiry and applicant deserves to be enlarged on bail, law on this point is quite clear that an accused who is seeking bail in a case falling within the ambit of prohibitory clause of Section 497, Cr.PC is required to bring his case within the ambit of further inquiry not by raising defence plea but from the material collected and, that too, by tentative referral thereof. It is noteworthy that keeping in view the severity of like offences, the Legislature has included Section 51 in the Act which, prima facie, creates bar in granting bail to an accused involved in like cases.

 

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 the applicant is, prima facie, connected with the offence with which he has been charged. 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 such a huge quantity of heroin on him, thus, the applicant is, prima facie, involved and is well connected with the commission of offence and the question of grant of bail in like cases does not arise. Pertinent to note that such an offence is directed against the Society and the Hon'ble apex Court has time and again held that the 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 the 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 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.         This Criminal Bail Application No.2833 of 2024 stands dismissed in the foregoing terms.

 

J U D G E

 

Gulsher/PS