ORDER SHEET

IN THE HIGH COURT OF SINDH, KARACHI

 

Cr. Bail Application No. 2465 OF 2025

[Amir Ali and another Vs. The State]

 

Date

Order with signature of Judge

 

                                        BEFORE:

                                        Mr. Justice Arshad Hussain Khan

    Mr. Justice Khadim Hussain Tunio

 

 

Mr. Sathi M. Ishaque, Advocate for applicants.

 

Ms. Rubina Qadir, Additional Prosecutor General Sindh alongwith SIP Syed Nadeem Ali I.O. of the case.

 

Date of Hg & order :            29.12.2025.

 

                        ----------------------------------

 

 

ARSHAD HUSSAIN KHAN, J:                The applicants / accused, namely Amir Ali son of Allah Bux and Abdul Rauf son of Nabi Dad Baloch, through the present bail application, seek post-arrest bail in F.I.R. No.136 of 2025, registered under Section 9(1), 6(c) of the Control of Narcotic Substances (Amendment) Act, 2024, at Police Station S.I.U., District East. Their earlier bail application was dismissed by the learned Sessions Judge, Karachi East, vide order dated 11.09.2025.

 

2.         Concisely, the prosecution case is that on 30.07.2025, the complainant SIP Syed Akbar Ali Shah of Police Station S.I.U., East, Karachi, acting upon prior spy information, proceeded along with his staff and a spy informer to Bus Stop F-1, Pakistan Hotel, Muhammadi Market Road, Khokharapar, Karachi. Upon reaching the pointed location and on identification by the spy informer, two persons were apprehended who disclosed their names as Amir Ali and Abdul Rauf (the present applicants/accused). It is alleged that, in the presence of mashirs and under duly prepared recovery memos, 510 grams of heroin was recovered from the possession of applicant Amir Ali, while 515 grams of heroin was recovered from applicant Abdul Rauf, leading to registration of the instant FIR.

3.         Learned counsel for the applicants/accused contends that the applicants are wholly innocent and have been falsely implicated in the present case by the police with mala fide intentions and ulterior motives, aimed at tarnishing their honour, reputation, and standing in society. He submits that on 28.07.2025, prior to the alleged incident, police officials forcibly entered the house of the applicants and unlawfully picked up four male members of the family, including the present applicants, and subsequently, at the instigation of habitual drug dealers, lodged a false FIR against them. It is further contended that no recovery whatsoever was effected from the possession of the applicants and that the alleged recovery of narcotics has been foisted upon them merely to demonstrate so-called police efficiency. Learned counsel further argues that the mandatory safeguards under Section 103 Cr.P.C. were violated, as no independent or private mashir was associated at the time of the alleged recovery, despite the incident having taken place at a public location. It is also contended that that accused Adnan son of Allah Bux and Hamid Ali son of Ghulam Haider, who were involved in FIR No.133/2025 registered under Section 9(2)(4) of the CNS (Amended) Act, 2024 at Police Station S.I.U., District Malir, have already been granted bail by this Court. He submits that the present applicants stand on the same footing, as they were allegedly taken into custody in the same episode and booked in offences of similar nature; hence, on the principle of consistency, the applicants are also entitled to the concession of bail. Lastly, it is urged that the applicants have no nexus with the alleged offence and are, therefore, liable to be enlarged on bail at this stage.

 

4.         On the other hand, learned Additional Prosecutor General Sindh submits that the applicants were arrested red-handed at the spot and a huge quantity of heroin was recovered from their possession. She further contends that the arrest and recovery were video-recorded and that sufficient material exists on record to prima facie connect the applicants with the offence. According to her, such recovery cannot be foisted; hence, the applicants are not entitled to bail.

 

5.         From the record, it prima facie appears that both applicants/accused were apprehended red-handed at the spot, and heroin weighing 510 grams and 515 grams was recovered from the possession of applicants Amir Ali and Abdul Rauf, respectively, which was seized on the spot through separate recovery proceedings. After completing the necessary formalities at the place of incident, the police officials proceeded to the police station and lodged the FIR without any undue delay, wherein the applicants have been nominated with specific roles. As per the contents of the FIR, the arrest of the applicants and recovery of the contraband were also video-recorded through a mobile phone camera in terms of Section 17(2) of the Control of Narcotics Substances (Amendment) Act, 2024. The offence for which the applicants stand charged squarely falls within the prohibitory clause of Section 497, Cr.P.C. Furthermore, Section 35 of the Sindh Control of Narcotics Substances (Amendment) Act, 2025 expressly provides that bail shall not be granted to an accused if there appear reasonable grounds for believing that he is guilty of an offence punishable with death, imprisonment for life, or imprisonment extending up to five years. It is well settled that offences under the CNS Act are heinous in nature and are considered crimes against society at large. It is for this very reason that the legislature has consciously placed stringent restrictions on the grant of bail, requiring courts to exercise extreme caution before enlarging an accused on bail in cases involving narcotics offences[1].   

 

6.         With regard to the contention of the learned counsel for the applicants that, prior to the registration of the FIR on 30.07.2025, police officials had forcibly entered the house of the applicants on 28.07.2025 and taken away four male members, including the present applicants, and thereafter, on the instigation of habitual drug dealers, lodged a false FIR against them, it may be observed that no substantial or cogent material has been placed on record to substantiate this assertion. Insofar as the filing of an application under Sections 22-A & 22-B, Cr.P.C. against the police officials is concerned, the record reflects that the said application was filed by one Ghulam Haider, who, prima facie, does not appear to have any direct nexus or relationship with the present applicants. Moreover, the said application was filed on 12.08.2025, i.e., much after the arrest of the applicants and the registration of FIR No.136 of 2025, which was lodged on 30.07.2025. In these circumstances, the said contention does not lend any support to the case of the applicants at this stage and is of no assistance for the purposes of bail.

 

7.         With regard to the contention of the learned counsel for the applicants that accused Adnan son of Allah Bux and Hamid Ali son of Ghulam Haider, involved in FIR No.133 of 2025 registered under Section 9(2)(4) of the CNS (Amended) Act, 2024 at Police Station SIU, District Malir, have already been granted bail by this Court, and that on the principle of consistency the present applicants are also entitled to bail as they were allegedly taken into custody in the same nature of narcotics cases, it may be observed that the said contention is misconceived. From the record, it is evident that the present applicants are involved in Crime No.136 of 2025, relating to the recovery of ICE, whereas Crime No.133 of 2025 pertains to a recovery of heroin, and both cases arise out of distinct and independent occurrences. The present case is, therefore, neither factually nor legally connected with FIR No.133 of 2025.

 

It is a settled principle of law that the grant of bail in one case cannot automatically be made a ground for extending the same concession in another case, particularly when the offences arise from separate FIRs, involve different recoveries, and are based on independent sets of facts. Each case is required to be examined on its own merits and attending circumstances. Accordingly, the bail order passed in a separate and unrelated crime cannot be made the basis for grant of bail to the applicants in the instant case.

 

8.         Besides above, it is a well-settled principle of law that deeper appreciation of evidence is not permissible at the stage of bail and from the tentative assessment of material, it is established that the applicants are connected with the commission of offence as they were arrested red-handed with heroin and their names are mentioned in the FIR. No enmity, ill-will or grudge has been alleged against the police officials to falsely implicate the applicants in the present case.

 

9.         In view of the foregoing, we are satisfied that on the basis of facts as available on the record, the prosecution has succeeded in making out a reasonable case which prima facie connects the applicants with the possession of the narcotics substances, which constituted an offence under the provisions of the C.N.S. Act, and therefore, we are of the view that the applicants have failed to make out a case for grant of bail. Accordingly, this bail application is hereby dismissed.

 

10.       Needless to say the observations made in this order are of a tentative nature and confined to the disposal of the present application, therefore, the same shall not prejudice the case of either party during trial. However, the learned Trial Court is directed to conclude the trial expeditiously, preferably within a period of three (03) months from the date of receipt of this order.

 

JUDGE

JUDGE

 

Naveed PA



[1] Socha Gul v. State [2015 SCMR 1077].