2011 PLP 923 (MLD)

AHMED ALI M. SHAIKH, J.

Applicant Hamid Allauddin seeks post-arrest bail in Crime No.59 of 2010 registered at Police Station ANF Clifton, Karachi for offences under sections 6/9-C, 14 and 15 C.N.S. Act, 1997.

2. According to prosecution case, as disclosed in the F.I.R., the applicant was apprehended from Quid-e-Azam International Airport (QAIA) Karachi when he was in possession of 3.300 KGs of Heroin powder. After observing required formalities, the narcotics were taken into custody out of which 10 grams heroin powder was sealed separately for chemical examination.

3. At the very outset, learned counsel for the applicant did not press the bail application on merits, but confined his arguments on medical ground. Per learned counsel, the applicant suffers from kidney problem having stones in kidney and blood is also coming from urine, therefore his bail plea be considered on medical ground. In support of his contention, he has placed on record the medical report of the applicant issued by Medical Officer, Central Prison, Karachi. He has also referred to letter dated 7-4-2010 issued by Gilani Hospital, Satellite Town, Quetta. He relied upon the cases of Malik Muhammad Yousafullah Khan v. The State and another (PLD 1995 SC 58), Muhammad Riaz v. The State (2006 PCr.LJ 1459) and Dr.Abdullah Hamid Mehmood v. The State (PLD 2006 Karachi 393).

4. Conversely, Ms. Abida Perveen Charnner, SPP A.N.F. opposed the bail plea of the applicant on the ground that he was apprehended from the QAIA and huge quantity of heroin powder was recovered from his possession.

5. Heard learned counsel for the parties and perused the record.

6. Admittedly, 3.300 grams of heroin powder was recovered from the possession of the applicant while he was leaving for abroad. So far as medical ground is concerned, it appears that the applicant does not suffer from any ailment for which medical treatment is not available inside the jail. Upon a perusal of Certificate dated 7-4-2010 which is annexed with the bail application it appears that the applicant does not suffer from any serious ailment detrimental to his life. Even the certificate issued by Gilani Hospital Quetta reveals that both kidneys are normal in size and shape, renal margins are regular and smooth. No stone or hydronephrosis is seen in left kidney. Urinary bladder is adequately filled and no focal lesion is seen.

7. From the above opinion, I am of the considered view that the case of the applicant does not fall within the first proviso to section 497(1), Cr.P.C. as held by the superior Courts. In the case of Ghulam Raza v. Khuda Bux and another (2005 SCMR 1904) it was held that for release of the accused 'on bail on medical ground strong reasons must exist to believe that despite advanced medical technology and availability of medicines his treatment is not possible at all having regard to the nature of the illness. In Dr. Abdul Hameed's case reported in PLD 2006 Karachi 393 bail was declined to the accused on the ground that medical ground for grant of bail is only considered when it could be established that the continued detention of the accused in the prison shall be detrimental to his health or life. In Muhammad Arshad's case reported in 1997 SCMR 1275 the bail plea of the applicant was turned down on the ground that every ailment does not attract invocation of discretion contained in the first proviso to section 497(1), Cr.P.C.

8. With profound respect, the law relied upon by the learned counsel for the applicant is distinguishable and not helpful to the case in hand as the applicant does not suffer from any disease which may prove detrimental to his life or for which proper medical treatment is not available inside the jail.

9. For the foregoing reasons and following the dictum laid down by the superior courts in the above cases, I am of the considered .view that the applicant does not deserve the concession of bail on medical ground as he is not suffering from any disease which may prove detrimental to his life.

10. Consequently, bail application merits to consideration, which was accordingly dismissed by short order dated 21-2-2011 for the aforesaid reasons. H.B.T./H-8/K Bail refused.