2010 P Cr (PLP)

KHADIM HUSSAIN M. SHAIKH, J.

By this application, the applicant has sought bail in Crime No.6 of 2009 under section 9(c), C.N.S. Act 1997 of Police Station Bakrani.

2. The prosecution case in nutshell is that on 10-1-2009 complainant SIP Haq Nawaz, SHO, Police Station Bakrani lodged his F.I.R. being Crime No.6 of 2009 under section 9(c), C.N.S. Act 1997 at Police Station Bakrani to the effect that the accused Niaz son of Alam Abro resident of village Rawat Abro Taluka Bakrani after an encounter was arrested and during his personal search one plastic bag containing charas was recovered from the possession of the applicant. The Caras was weighed and its weight was 1050 grams out of which 50 grams were separated and sealed for analysis. The Police also recovered an unlicensed pistol etc. from the possession of the applicant. Such memo. of arrest and recovery was prepared in presence of mashirs namely PC Abdul Ghafoor and PC Sher Muhammad. Then he arrested accused and the recovered property was brought at Police Station Bakrani where the above F.I.R. was lodged.

3. After registration of F.I.R., the investigation followed and in due course the applicant/accused was sent up to stand his trial. The bail plea moved on his behalf was declined by the learned Court of Sessions Judge/Special Judge, C.N.S. Larkana, in this case vide order dated 20-3-2009, hence this application. Learned advocate for the applicant has mainly contended that applicant has been falsely involved in this case by the police, that the applicant accused has been granted bail in cases for offences under sections 324, 353, 148, 149 and 13 DAO by the learned trial Court, that only a piece of 50 grams charas was sent for analysis to the Chemical laboratory and his case will not fall within prohibitory clause of section 497, Cr.P.C. in view of the quantity of charas sent to Chemical Examiner and he prays for release of applicant on Bail in this case. He relied upon the case of Muhammad Nawaz v. The State 2007 MLD 1846. Learned State counsel opposes this bail application, stating that there is no enmity between the applicant and the police. I have given my anxious consideration to the arguments addressed by both the parties. I have gone through the material placed before the Court with the assistance of learned State Counsel. I find that a sample of 50 grams taken out from the charas weighing 1050 grams recovered from the applicant was sent to the chemical examiner and report thereof is positive, prima facie this case is covered by the prohibitory clause of section 497, Cr.P.C. The case-law relied upon by the learned advocate for the applicant is distinguishable from the facts of this case as in said case there were in all 10 packets of charas each weighing 1 kg and only one packet of 1 kg was sent to the Chemical Examiner as sample and no sample from other nine packets of charas was sent for chemical analysis. In view of what has been discussed above, I am of the considered opinion that the applicant has failed to make out his case for I grant of bail consequently, this bail application is dismissed. However, the learned trial Court is directed to proceed with the case expeditiously and conclude the trial by procuring the attendance of prosecution witnesses, who all are police officials, even by coercive process, if needed. The trial Court is required to furnish progress report of this case to the Additional Registrar of this Court regularly. H.B.T./N-41/K Bail refused.