2010 PLP 1065 (MLD)

KHADIM HUSSAIN M. SHAIKH, J.

Applicant seeks post arrest bail in Crime No. 179 of 2008 of Police Station Market Larkana for offences under sections 6/9 C.N. Act. The prosecution case in nut-shell is that on 29-6-2008 at 7-00 p.m. complainant A.S.-I. Qurban Ali Totani lodged his F.I.R. on behalf of State at Police Station Market to the effect that while the complainant was on duty at Police Post Empire pursuance to a spy information that one person namely Irshad son of Shah Muhammad Jatoi was selling Charas near Pir Sher Road, the complainant and his subordinate staff reached at the pointed place at about 6-00 p.m. where they saw one person, who seeing the police party tried to escape, but he was apprehended. On enquiry he disclosed his name as Irshad son of Shah Muhammad Jatoi. From his personal search Charas in the shape of pieces wrapped in plastic bag was recovered from the possession of the accused. The Charas was weighed and its weight was 1050 grams out of which pieces weighing of 100 grams were separated and sealed as samples for chemical analysis. Such Mashirnama of arrest and recovery was prepared at the spot which was signed by the mashirs PC-Faqir Muhammad and PC-Dost Ali. The arrested accused and the recovered Charas were brought at Police Station Market where F.I.R. was lodged. After investigation the applicant was sent up to face his trial. The bail plea of the applicant did not find favour with the learned Court of Special Judge for C.N.S. Larkana, who declined it vide order, dated 6-3-2009, hence this application. Learned Advocate for the applicant mainly contended that the alleged contraband Charas was recovered in the shape of pieces and one piece weighing 100 grams of Charas was sent to the Chemical Examiner and in view of such quantity sent to Chemical Examiner the case of the applicant will not fall within the prohibitory clause of section 497, Cr.P.C., that no independent person was cited as mashir in this case, that the present applicant has been implicated in this case due to enmity and suspicion. He prays for release of accused on bail. He has relied on the cases of Nadeem v. The State (2007 MLD Page 1092), Imtiaz Ali v. The State (2006 MLD 1961) and PLD 2008 Karachi Page

14. Learned State counsel opposes the bail plea of the applicant, stating that there is no enmity between the police and the accused, therefore, there was no question of false implication of the accused in this crime. I have carefully considered the arguments addressed by both the counsel and gone through the material placed before the Court with the assistance of learned State Counsel. I find that number of pieces of Charas weighing 100 grams as samples for chemical analysis were sent to the Chemical Examiner as is evident from the report, dated 28-10-2008 and the report of the Chemical Examiner regarding the samples consisting of number of pieces is positive. Learned advocate for the applicant has not placed on record any material to show enmity of the complainant with the applicant, therefore, prima facie there is no question of false implication of the accused in this crime, the case is covered by prohibitory clause of section 497, Cr.P.C. The case laws relied upon by learned counsel for the applicant are distinguishable from the facts of the case in hand. In view of the above circumstances, I am of the view that the applicant has failed to make out the case for concession of bail, therefore, the bail application is dismissed. At this stage, learned counsel for the applicant states that the direction may be given to the trial Court to conclude the trial within certain specified period. This contention of learned counsel for the applicant has force because of the fact that expeditious trial is right of an accused. Accordingly, the learned trial Court is directed to conclude the trial within three months by procuring the attendance of P.Ws., who are Police Officials, even through coercive process, if needed. Learned defence counsel undertakes not to seek any adjournment on the date when prosecution witnesses will be in attendance. Learned trial Court is also required to furnish progress report of this case regularly to the Additional Registrar of this Court. In case the trial is not concluded within the above specified period the applicant shall be at liberty to repeat his bail application accordingly. H.B.T./I-27/K Bail refused.