2022 PLP 735 (MLD)

FAHIM AHMED SIDDIQUI, J.

The applicant Muhammad Suleman son of Raham Dil Khan is seeking his release on bail during trial in a case registered against him at PS Pinyari vide Crime No.04/2020 under Section 9 (c) CNS Act, 1997.

2. The learned counsel for the applicant has pressed the instant bail application on several grounds including non-describing of recovered narcotics named as 'Ice' as narcotics substance. The learned APG while opposing the instant application has placed her point of view.

3. After grasping the arguments from either side, I have scanned the entire material available on the record. From whatever articulated and placed before me, I have observed as under:- (a) The allegations against the applicant is that he was arrested on a tipoff during patrolling, with a black colour shopper from which 1630 grams of hashish (chars) and 940 gram 'ice' were recovered. (b) The recovered narcotics is in considerable quantity and apparently no reason is available for falsely involving the applicant in this case by the police with such quantity of hashish (chars) and the other contraband material referred as 'ice'. (c) The recovery was effected on spy information and non-associating of private witnesses is properly explained by the complainant in the body of FIR. (d) No specific allegation of animosity is levelled against the raiding police party, nor anything convincing is available on the record, which reflect enmity or ill-will of police for false involvement of the applicant in this case. (e) The calendar of witnesses is short and all the witnesses are police officials, as such, there is likelihood of conclusion of trial without unnecessary delay. (f) The recovered narcotics referred as 'ice' is actually purified and processed from a substance chemically known as 'Methamphetamine Hydrochloride', or shortly referred as 'Methamphetamine', which is a highly psychotropic substance, as such, the same is a narcotics. (g) The recovered substance is called 'ice' because it is in crystal form and resemble to 'chip of ice. Another common name of the substance is 'glass'. (h) Ice is a potent, smokable form of methamphetamine belongs to Opiates or opioids group of narcotics, as such, the same covers under the definition of narcotics as given under Section 2(u)(ii) of CNS Act, 1997. (i) 'Ice', being an odorless narcotics substance, becomes popular amongst the youngsters and the same has made its way to our educational institution through the professional dealers and drug peddlers. (J) Methamphetamine or 'ice' is used in a very tiny quantity, which causes huge psychotropic effect, as such, recovery of 940 grams of such drug is a huge quantity of narcotics. (k) Both the recovered substances were sent to the chemical analyzer, and a positive chemical examination report has been received.

4. In view of the above observation, I am confident that no case of bail has been made .out in favour of the applicants, as such, he does not deserve for relief claimed by him.

5. The ultimate outcome of the above discussion is that since the applicant is failed to satisfy regarding his plea of bail, as such, the instant bail application is dismissed. However, the trial Court is directed to pace-up the trial and dispose of the same as soon as possible.

6. The above are the reasons for my short order dated 06.05.2020, whereby the bail application of the applicant has already been declined. SA/M-188/Sindh Bail declined.