2008 PLP 2787 (YLR)

FARRUKH ZIA G. SHAIKH, J.

This is an application under section 497, Cr.P.C. filed on behalf of applicants, Mumtaz Ali Shah and Moharum Shah alias Mahro Shah, who are wanted in Crime No.131 of 2008 Police Station, Naushahro Feroze registered for an offence under section 9-B Control of Narcotic Substances Act of 1997. Succinctly, the prosecution case is that the case was initiated on F.I.R. lodged by complainant Noorul Nabi Abbasi, A.S.-I. Police Station, Naushahro Feroze, on 7-5-2008. at 1900 hours alleging therein that he along with HC Ali Hassan PC Khadim Hussain, PC Subhan Ali left police station for patrolling by foot. During patrolling when police party reached Haithaheen Chowk at about 1745 hours, they received spy information that two persons were selling Charas while sitting under a big tree of KHABAR near Sain Ismail Shah. Police party proceeded towards the pointed place and at 1800 hours found two persons available, on seeing the police party they tried to escape but they were encircled and apprehended. On an inquiry one persons disclosed his name to be Mumtaz Ali Shah (applicant No.1) and another person disclosed his name as Muharram Ali Shah alias Mahro Shah (Applicant No.2). Their personal search was taken. From the side pocket of the shirt of applicant Mumtaz Ali Shah there pieces of Charas wrapped in envelope in plastic bag were recovered, the Charas was weighed, which came to 130 grams, while 140 Grams Charas was recovered from applicant Muhammad Ali Shah which was also wrapped in polythene bag. 20 grams Charas was taken from each as sample for chemical examination while remaining Charas was sealed separately. Such mashirnama was prepared and thereafter the F.I.R. was lodged on behalf of the State as stated above. I have heard the arguments of Mr. Syed Zafar Ali Shah, learned counsel appearing for the applicants and Mr. Muhammad Iqbal Mahar, learned Assistant Advocate-General appearing for the State. The learned counsel for the applicants has contended that the quantity of charas recovered from the applicants and sent for expert's opinion reveals that the case against the applicants is on border line whether it is case, under section 9(A) or 9(b) of the said Act. He has further contended that the applicants are innocent and victim of police enmity and that no independent mashir has been made though the incident took place in a thickly-populated area. In the last, the learned counsel has argued that the applicants have been involved falsely and the Charas has been foisted upon them and requested that the applicants may be enlarged on bail. In support of his above contention, the learned counsel has not referred any case-law. Mr. Muhammad Iqbal Mahar, learned Assistant Advocate-General, appearing for the State has strongly opposed to the grant of bail on the ground that the Chemical report is positive, that the applicants are nominated in the F.I.R. and that there exists no enmity between police and Applicants as such, the applicants are not entitled for any concession of bail to be extended to them. I have carefully considered the arguments advanced by the learned counsel appearing for the applicants, learned Assistant Advocate-General Sindh, appearing for the State and I have gone through the police papers available on record. Applicants are named in the F.I.R, the Charas was recovered from the possession and Chemical report is in positive. As regards the contention of learned Counsel that no independent person has been made mashir of recovery, in this respect, at the bail stage, no deeper appreciation of evidence can be undertaken and only tentative assessment can be made. Consequently, no case for grant of bail on behalf of applicants, is made out, as I see no merit in this bail application, which is accordingly dismissed. H.B.T/M-125/K Bail refused.