2018 PLP 129 (MLD)

SALAHUDDIN PANHWAR, J.

Through instant bail application, applicant Asghar Ali seeks post arrest bail in Crime No.35/2016 registered at Police Station ANF Hyderabad, under sections 9(c), 14 and 15 of C.N.S. Act, 1997.

2. Precisely relevant facts are that on 27.09.2016, complainant along with his subordinate staff was present at PS where they received spy information that present applicant is bringing the huge quantity of narcotics for selling purpose. On such information, complainant along with his subordinate staff reached at the pointed place and saw the present applicant having one black shopper in his hand, who on seeing the police party tried to slip away. However, the present applicant was apprehended and during search recovery of 2.450 grams charas was affected from accused Property and accused were brought at Police Station. FIR was registered against the applicant. After usual investigation they were sent up for trial.

3. Learned counsel for the applicants inter alia contends that recovery affected from the applicant is 2.450 grams charas chemical report is delayed; no independent person has been cited as witness; applicant has no previous criminal record; investigation is completed; all the prosecution witnesses are police officials hence there is no question of tampering with the prosecution evidence. He lastly contended that applicant is behind the bar since last about 09 months.

4. Learned Special Prosecutor ANF opposed this application on the ground that this is a crime against society, however he concedes that there is no criminal history of applicant.

5. After careful consideration of contentions of learned counsel for the parties and meticulous examination of available record, alleged contraband narcotics is 2.450 grams charas. No private witnesses have been associated in spite of prior spy information received at the police station hence the complainant party least could have made an attempt to associate private mashirs from way or pointed place; there is a delay in sending the representative part for chemical examination which (delay) would also be required an explanation by prosecution hence making a room for further probe. Applicant has been in continuous custody since last about 09 months and are no more required for any purpose of investigation nor the prosecution has claimed any exceptional circumstance which could justify keeping the applicant behind the bars for an indefinite period. Moreover, prosecution has not claimed that the applicant is previously involved in same nature of the cases. All the prosecution witnesses are police officials hence there is no question of tampering with the evidence. Therefore, keeping peculiar facts of instant case; continuous detention of more than 09 months as well minimum punishment, which normally may be considered while dealing with bail plea, I am of the view that scale tilts in favour of the applicant for grant of bail as no useful purpose is likely to be served with further detention of applicant pending determination of his guilt.

6. Keeping in view the above given circumstances, prima facie, applicant has succeeded to bring his case within the purview of subsection (2) of section 497, Cr.P.C., for this reason, he is admitted to post arrest bail subject to furnishing solvent surety in the sum of Rs.50,000/- (Rupees fifty thousand) and P.R. Bond in the like amount to the satisfaction of trial Court. WA/A-85/Sindh Bail granted.