Criminal Miscellaneous Application No.109 of 2013
Date Order with signature of the Judge
For Katcha Peshi.
(Notice issued to respondent through Judge
C.N.S. Court-I Karachi for 14.5.2013 by Bailiff)
(Bailiff report not received)(Office copy filed)
(Report dated 13.5.2013 received from the Judge
C.N.S. Court-I Karachi at flagged “A”).
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Mr. Habib Ahmed, Special Prosecutor for A.N.F. along with Sub-Inspector Muhammad Khalid of P.S. Kamber, Kamber-Shahdadkot.
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Through instant application cancellation of bail has been sought. It appears that upon recovery of 10.300 kgs of charras respondent was arrested in Crime No.31/2011 at ANF, Gulshan, Karachi. However, Special Court, CNS-1 granted bail to the respondent and when the prosecution applied for certified copy of bail order the Presiding Officer recorded following remarks on the backside of the bail application, which the prosecution has filed as impugned order: -
“The order is not available on record; due to certain error of staff. The same seems to have stood either placed in wrong file or misplaced otherwise. The diary dated 19-4-2012 shows that the Court granted bail to the accused Ab Majeed in the sum of Rs.50,000/- with PR bond in the like amount. Further”
We consequently after hearing the prosecution directed issuance of notice through trial Court. Today a report has been filed by the trial Court which reflects that the respondent has jumped the bail and NBWs have been issued to procure his attendance. We wonder how bail could be granted to an accused from whose possession more than 10 kgs of charras was recovered after being arrested on the spot and that too, without recording reasons.
During the last four months we have come across more than 100 cases in which this particular Presiding Officer of the CNS Court has misused judicial power and we have been repeatedly directing the Registrar of this Court to place orders passed by the Special Judge, CNS Court No.1 before the Hon’ble Chief Justice along with all orders passed by this Bench for initiating disciplinary proceedings. Let Registrar also place this order before the Hon’ble Chief Justice for initiating disciplinary proceedings against the Presiding Officer.
Mr. Habib Ahmed says that since NBWs have been issued against the respondent, therefore, perhaps this application has become infructuous, however, we while disposing of this application would observe that the Special Court, CNS-1 Karachi would now allow concession to the respondent/accused on the basis of order impugned herein and in case bail application is filed it would be heard and decided through a speaking order on merits.
JUDGE
JUDGE