ORDER SHEET
IN THE HIGH COURT OF SINDH
AT KARACHI
Cr. Misc. Application No.312 of 2013
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DATE ORDER WITH SIGNATURE(S) OF
JUDGE(S)
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For
Katcha Peshi
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24.04.2015
Mr.
Shafiq Ahmed, Special Prosecutor, A.N.F.
Respondent
Muhammad Nawaz in person
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Through this Criminal Miscellaneous
Application, applicant/State/ Anti-Narcotics Force, seeks cancellation of bail
under 497(5) Cr. PC, granted to respondent/accused Muhammad Nawaz by the
learned Special Court-II (C.N.S.) Karachi in Special
Case No.535/2013, arising out of F.I.R.
No.31/2013 under section 6/9(b) of the Control of
Narcotic Substances Act, 1997, registered at P.S. A.N.F.,
Clifton, Karachi. Learned Special Court granted bail to respondent/accused
Muhammad Nawaz vide order dated 26th
August, 2013 for the following reasons:
“5. After hearing arguments advanced by the
learned counsel for the accused and learned SPP for
the A.N.F. I have carefully perused the material
available on record. The allegation against the accused is that he was
apprehended by the A.N.F. officials and 290 grams of
heroin powder recovered from his possession, and case registered against him
under section 6/9-B CNS Act, 1997. The recovered contraband narcotic is not
exceeding 1000 grams. In view of above facts and circumstances it is a fit case
for further inquiry. Looking into the small quantity of contraband I admit the
accused on bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand only) and PR Bond in the
like amount to the satisfaction of this court.”
After filing of the instant application
for cancellation of bail, notice was issued to the respondent/accused Muhammad
Nawaz. Today, Mr. Shafiq Ahmed, learned Special
Prosecutor A.N.F. and respondent/accused Muhammad
Nawaz are present.
It appears that learned trial Court
has granted bail to the respondent/accused mainly for the reasons that 290
grams of heroin powder were recovered from his possession and the recovery of
contraband narcotic does not exceed 1000 grams. It is held by trial Court that
it is the case of further inquiry. Mr.
Shafiq Ahmed, learned Special Prosecutor A.N.F.
submits that punishment of the offence under section 9(b) of the Control of
Narcotic Substances Act, 1997, is upto 7 (seven) years. Investigation has
already been completed and case has been challaned.
Respondent/accused submits that he appears before the trial Court on every date
of hearing but prosecution has failed to produce witnesses before the trial
Court and case is being adjourned without any progress. Since 290 grams of
heroin powder were recovered from the possession of the respondent/accused and
punishment of the alleged offence under section 9(b) of the Control of Narcotic
Substances Act, 1997 is upto 7 (seven) years. Concession of bail has not been
misused by the respondent/accused. It appears that learned trail Court has
granted bail to the accused on sound grounds, no case of cancellation of bail
is made out. Application is dismissed. However, trail Court is
directed to decide the case within a period of 2 (two) months, under intimation
of this Court.
JUDGE
JUDGE
Gulsher/PA