1996 P Cr (PLP)

SHAHNAWAZ A. AWAN, J.

Sadan son of Muhammad Khan and Zahid son of Habibullah above-named applicants/accused are facing their trial under Articles 3 and 4 of Prohibition (Enforcement of Hadd) Order, 1979 read with sections 6/8 and 9 of the Control of Narcotic Substances Ordinance, 1995, vide F. I. R. bearing No. 112 of 1995 registered at Police Station Jamshoro on 17-10-1995. Bail application filed on their behalf was rejected by the learned Special Judge, Dadu for Control of Narcotics Substance on 6-12-1995. The facts of the case are that complainant Pir Bashir Ahmed Sarhandi, Platoon Commander; University Force, Jamshoro, on 17-10-1995 at 6-30 p.m. at Police Station Jamshoro, received a wireless from Sikandar Ali Mangsi, S.P. to arrive at L.M.C. Octroi Post alongwith force,, as such Inspector Pir Bashir Ahmed Sarhandi alongwith A.S.-I. Rana Jangsher, P.C. Muhammad Saleem, P.C. Khursheed Ahmed, P.C. Ghulam Fareed, P.C. Ziauddin, P.C. Hoth Khan, P.C. Lal Zaib, P.C. Muhammad Ismail, P.C. Rahim Bux, P.C. Amir Hussain, P.C. Abdul Sattar, P.C. Majid Hussain, P.C. Driver Fazal-ur-Rehman on Government vehicle No.GS-8778 making entry in Roznamcha at No.6, left his Headquarter at 12-50 p.m. and went to L.M.C. Octroi Post where at 1-00 p.m. Sikandar Ali Mangsi, S.P., Kotri arrived and told that he had received spy information that notorious Narcotic Dealer Zahir Shah alongwith his associates from Jamshoro Colony on Suzuki No.U-0911 would take narcotics for sale, as such complainant Inspector Pir Bashir Ahmed was ordered to do Naka Bandi for their arrest. Police party headed by Inspector Pir Bashir Ahmed then did Naka Bandi near Railway Station and at about 1-30 p.m. they saw the said Suzuki coming from Railway "Phatak" on Super High Way. Seeing police two persons got down from Suzuki and ran away in jungle, to whom they identified as Zahir Shah and Muhammad Moosa Pathan. One person jumped down from Suzuki and fell down as such received injury on his left arm. He was caught hold, another person in the Suzuki was also dragged out from Suzuki. The person, who received the injury disclosed his name as Saden and another disclosed his name as Zahid. Both were arrested and person were searched. From side pocket shirt of accused/appellant namely Saden one bundle in plastic bag containing Charas was secured and from pocket of waistcoat of Zahid one bundle of opium plastic bag was recovered. Suzuki was searched and from its dash board two bundles of Charas to plastic bag were secured. Charas secured from Sadan weighed one kilogram and opium secured from Zabid weighed one kilogram. Charas secured from dash board of Suzuki weighed two kilograms. From those bundles of Charas and opium 250 grams were taken as samples for sending to Chemical Examiner. From possession of applicant/accused Sadan his National Identity Card and Rs.180 were also secured. Suzuki was also seized and Mashirnama was prepared on the spot by Inspector Pir Bashir Ahmed Sarhandi in presence of Mashirs A. S.-I. Rana Jangsher and P.C: Muhammad Saleem. We have heard the arguments of the learned Advocate for the applicants/accused and the learned Advocate Mr. Abdul Rehman Kazi for the State and have also perused the record of the case. The learned Advocate Mr. Mansoorul Haq Ansari for the applicant contends that there is violation of section 103 of the Code of Criminal Procedure and further that the offence under which the applicants are charged with does not come under the prohibitory clause of section 497, Cr.P.C. and further that the applicants have been falsely implicated in this case due to the enmity with Pir Bashir Ahmed, Commander University Force, Jamshoro as such they are entitled for concession of bail. On the other hand the learned Advocate Mr. Kazi Abdul Rehman for the State has contended that both the applicants are notorious Narcotic Dealers and two persons Zahir Shah and Muhammad Moosa who was accompanying the present applicants are still absconding who managed to get down from the vehicle and ran away towards jungle side, and further that the offence under which applicants are charged with falls under the prohibitory clause of section 497, Cr.P.C., as huge quantity of Charas and opium was recovered from their possession as such they are not entitled for concession of bail more particularly they belong to frontier and they may abscond after getting bail. We have heard both the learned Advocates for the parties and have perused the record of this case. So far its the evidence which flows on the surface of this case is that huge quantity of opium and Charas was recovered from the possession of both the applicants/accused as well as from the vehicle in which they were going, two co-accused persons managed to run away and still they are absconders. The manner in which ~ vehicle in which accused were going intercepted on the road require debate regarding implication of section 103, Cr.P.C. Since more than one kilogram of Charas was recovered therefore, offence does not fall under the prohibitory clause of section 497, Cr.P.C. Question of enmity cannot be decided at this stage for want of evidence. More particularly offence of Narcotics are increasing day by day in this country and the money earned from this business is called "black money" and if there is no check by the Courts there will be no end to these kind of offences. Hence this bail application has got no merits which is dismissed accordingly. N.H.Q./S-22/K Bail refused.