2022 PLP 191 (YLRN)

KHADIM HUSSAIN M. SHAIKH, J.

By means of the captioned bail application, applicant Naeemuddin son of Haji Ahmaddin Brohi seeks post arrest bail in case emanating from Crime No. 231 of 2019, registered at Police Station Kamber City, for offence under sections 269, 270, 272, 273 and 337-J after his bail plea has been declined by the learned II-Additional Sessions Judge, Kamber by dismissing his bail application vide order dated 14.11.2019.

2. Briefly the facts of the case are that on recovering 750 packets of Gutka Z-1 weighing 157 kilograms and 500 grams while transporting it by the applicant/accused in Suzuki Cults Car No. ATQ-032, Government of Pakistan, which was in his control and possession, the applicant/accused was arrested and after usual investigation he was sentup with the challan to face his trial in the aforesaid case crime. The applicant sought his release on bail, which has been declined by the learned II-Additional Sessions Judge, Kamber by dismissing his bail application vide order dated 14.11.2019, hence this bail application.

3. The learned advocate for the applicant has mainly contended that no independent person was cited as witness or mashir; that the investigation has been completed and the applicant is no more required for the purpose of investigation; that the applicant has been falsely implicated in this case by the police to show their efficiency to their higher officers; and, that the offence with which the applicant has been charged does not fall within the prohibitory clause of section 497, Cr.P.C. Learned counsel referring to Photostat of order dated 20.11.2019, passed by a learned single bench of this court in Crl. Bail Application No.S-1627 of 2019, granting bail to the accused in that case, prays for grant of bail to the applicant.

4. Conversely, the learned Deputy Prosecutor General, Sindh has mainly contended that huge quantity of 750 packets of Gutka weighing 157 kilograms and 500 grams was recovered from Suzuki Cultus car, which was in control and possession of the applicant; that the offence with which the applicant is charged carrying punishment upto ten (10) yeas, which falls within the prohibitory clause of section 497, Cr.P.C; that no enmity against the police is alleged by the applicant; that such huge quantity of gutka, casting lacs of rupees, which is dangerous for the lives of human being, could not be foisted upon the applicant; and, that there is sufficient material available with the prosecution for involvement of the applicant in this heinous offence against the society. The learned D.P.G referring to photo stat of order dated 07.11.2019, passed by a learned single bench of this court, in Crl. Bail Application No.S-1124 of 2019, declining the bail to the accused in that case by dismissing his bail application, prays for dismissal of the instant bail application.

5. I have considered the submissions of the learned counsel for the applicant and learned D.P.G for the State and have gone through the material with the assistance of learned D.P.G.

6. From a perusal of record, it would be seen that huge quantity of 750 pockets of Gutka weighing 157 kilograms and 500 grams was recovered from the applicant, while he was transporting it in a Suzuki Cultus car No. ATQ-032, Government of Pakistan, which was in his control and possession and such a huge quantity of gutka, valuing lacs of Rupees, could not be foisted upon the applicant, more particularly in view of the fact that no animosity or ill will against the police is alleged by the applicant; P.Ws have supported the version of the complainant in their statements under section 161, Cr.P.C; the expert report of Government Public Analyst, Public Food Health Analysis Laboratory Sukkur at Rohri is also positive; there is sufficient material available with the prosecution to connect the applicant with this heinous crime and, in my humble view, the bail cannot be claimed as matter of right in the cases like case one in hand, involving huge quantity of such dangerous item, namely, gutka, which needless to say is more dangerous than narcotics as it is known to cause a major life threatening disease mouth cancer and serious disease oral submucous fibrosis in which fibrous bands develop in the mouth, mucosae loses their elasticity and the ability to open the mouth reduces to such an extent that even victims may be only able to open their mouths to pass through a drinking straw; this disease does not regress and has no known cure and this crime against the society is affecting the public at large, ruining the people of young age and mostly the poor families, on loosing their breadwinners and by selling their entire valuable belongings, spent that money in their treatments etc; the offence under section 337-J, P.P.C. carrying punishment upto ten (10) years does fall within the prohibitory clause of section 497, Cr.P.C. Under these circumstances, I am of the considered view that the applicant has failed to make out his case for grant of concession of bail. Accordingly, the bail application is dismissed. However, the learned trial court is required to conclude the trial preferably in one month from the date of receipt of this order.

7. Needless to add that the observations made hereinabove are tentative in nature only for the purpose of deciding this bail application, which shall not influence the learned trial court at the time of final decision of the subject case. ADN/N-4/Sindh Bail refused.