1990 PLP 1164 (MLD)

Acting on spy information the C. I. C. of Dadu district arrested applicant Ghulam Haider on 14‑10‑1989 at about 3‑30 p.m. from a place in front of his house in Gharibabad, Dadu. 700 grams of Opium, 250 grams of heroin, 150 grams of charas and cash amount of Rs. 2,242 are said to have been recovered front his possession. The entire exercise is said to have been conducted by the officers of the Police without taking into confidence any .one from the locality. After due investigation and completing other formalities the applicant has been sent up to stand trial under Article 3/4 of the Prohibition of (Enforcement of Hadd) Order, 1979 in the Court of Sessions Judge, Dadu. The case has then been transferred to the IInd Additional Sessions Judge, Dadu. The case was sent up for trial on 17‑10‑1989 and by now the prosecution has not been able to examine any witness. Mr. Abdul Rasool Abbasi Advocate for the applicant has raised the following pleas in support of this application. (1) That none of the persons from the locality vas made mashir of seizure of the intoxicants. (2) That the report of the Chemical Analyser is still not available with the prosecution. (3) In view of the circumstances mentioned above it is a case of further enquiry. To support his contentions he has relied on 1986 P Cr. L J 1223 and 1988 P Cr. L J 1432. Mr. S. Sarfraz Ahmed Assistant Advocate‑General, Sindh opposes the grant of bail to the applicant as according to him police witnesses are competent witnesses under the law and if believed conviction can even safely be based on such evidence. The applicant has rushed to the court in a hurry as no evidence has been recorded as yet. He has relied on 1974 P Cr. L J 6 and P L ID 1978 S C

114. The admitted position in the case is that Investigating authorities have not associated any resident of the locality to witness the seizure of the narcotics from the possession of the applicant. A number of police officers comprising the police party are said to have witnessed the entire process. There is no bar on a police officer on his acting as a mashir in such type of cases although it is always desirable to associate respectable persons from the locality. Sufficient quantity of narcotics has been recovered from the possession of the applicant. The offence falls under Article 4 of the Order and is punishable with life imprisonment. Today such peddlars have found their way deeper even in the Mufassil areas like Dadu destroying the innocent youth there. The courts today are therefore, required to take note of such happenings and be slow in exercising discretionary powers of 'granting bail in such cases. In view of above I am not inclined to grant bail to the applicant and his bail application is rejected. I would however direct that the trial Judge proceed with the case expeditiously and at least record evidence of the prosecution witnesses within a period of four months from today. It will be open to the applicant to repeat his bail application before the trial Judge after some evidence is recorded. N.H.Q./G‑168/K Bail application dismissed.