2010 PLP 2910 (YLR)

SALMAN ANSARI, J.

This bail application has been moved on behalf of applicant/accused Muhammad Mudasir, who was intercepted on 6-11-2008 at about 2240 hours at International Departure Lounge, JIAP Karachi, on suspicion, on X-Ray was found to have concealed capsules in his abdomen which were recovered being 84 capsules containing heroin powder 700 grams in his body. Recovery Memo. shows 700 grams while on examination by the chemical analyzer the weight was found to be 599.00 grams of heroin. The case under sections 6/9(b) of the CNS Act, 1997 was made out, subsequently the learned Special Court-I, CNS, Karachi rejected the bail application. It is argued by the learned counsel for the applicant/accused that there is discrepancy in the weight shown in the recovery memo. and the actual weight as shown in the chemical analyzer report. Learned counsel has relied upon 2000 PCr.LJ 551 (Karachi) Ghulam Muhammad v. The State, in which Charas weighing 530 grams only was recovered from the personal search of the accused, bail was granted. 2007 PCr.LJ 1805 (Karachi) Abdul Ghatfar v. The State, bail was granted as punishment for the offence could be extended to 7 years and offence did not fall within prohibitory clause of section 497, Cr.P.C. accused being not habitual offender bail was granted. 1998 PCr.LJ 1444 (K) Liaquat Ali v. The State, wherein on the ground of maximum punish ment of 7 years the case did not fall within the prohibitory clause of section 497, Cr.P.C. 1998 PCr.LJ 1540 (K) Nazam Shah v. The State, where the recovery found less than 1 K.G. of Charas, offence did not fall within the prohibitory clause of section 497, Cr.P.C., bail was allowed. The learned State Counsel has opposed the bail application as such offences damaged the very fabric of the society, therefore, bail should not be allowed to such elements. Having considered the arguments raised by the learned counsel for the applicant/accused and learned counsel for the State. In this case, at the stage of recovery shown, the offence falls under the provision of section 6/9(b) of the CNS Act, 1979 in which 7 years' imprisonment has been shown which case does not fall within the prohibitory clause of section 497, Cr.P.C. and further at this stage it is to be considered that the recovery memo. shows discrepancies with the actual weight of heroin recovered. Under such circumstances I find the case to be one of bail. I allow this bail application and the applicant/accused be released on bail subject to his furnishing solvent surety for an amount of Rs.200,000 with P.R. Bond in the like amount to the satisfaction of the trial Court. H.B.T./M-45/K Bail granted.