2011 PLP 1730 (YLR)

The applicant is facing trial before the Drug Court of Sindh at Karachi in Crime No.22 of 2010, Police Station FIA, Crime Circle, Karachi under section 23 punishable under section 27 R/W section 30 of Drugs Act, 1976. We have heard Mr. Khaleeq Ahmed, learned counsel for the applicant and Mr. Muhammad Ashraf Mughal, learned D.A.-G. for the State along with S.-I. Liaquat Ali, I.O. FIA. Learned counsel for the applicant has firstly argued that the F.I.R. was registered under violation of section 19(b) of Drugs Act and section 103, Cr.P.C. while the FIA has no power to register the F.I.R. It is further contended that the alleged offence does not fall within the prohibitory clause under section 497, Cr.P.C. and the applicant is no more required for further investigation as he is in judicial custody. It is further contended on behalf of the applicant that there is no test report regarding the spurious drug. On the other hand learned D.A.-G. contended that the raid was conducted in presence of the Magistrate, Drug Inspector and two private independent witnesses. The challan has been submitted. It is further contended that the applicant was previously convicted by the learned Court in Case No.47 of 2009 as he had pleaded guilty. Learned D.A.-G. further contended that the conviction provided under section 27/read with section 30 Drugs Act is 10 years imprisonment and does fall within the prohibitory clause under section 497, Cr.P.C. We have considered the submissions advanced at Bar and have also gone through the relevant record. Admittedly, the raid was conducted in presence of Magistrate, Drug Inspector Syed Adnan Rizvi and private witnesses namely Haroon Tariq, Abdul Ghafoor and Muhammad Faraz (complainant). The report is in positive. We have also noticed that the applicants along with his brother Kashif were convicted in Case No.47 of 2009 by Drug Court Sindh at Karachi on 7th January, 2010 and convicted the appellants to the detention till rising of the Court and to pay fine of Rs.20,000 each or in default of payment of fine to suffer R.I. for 3 months each by taking a lenient view while the punishment provided under section 27(i)(a) Drugs Act, 1976 is for a term which shall not be less than three years or more than 10 year and with fine which may extend to Rs.100,

000. We have also observed that the applicant is a habitual offender of spurious drugs and playing with the lives of the innocent people. In the previous case the learned trial Court has taken a lenient view. In such a situation, we cannot take further leniency in favour of the applicant. The bail application merits no consideration. Accordingly, the same was dismissed by our short order dated 22-12-2010 and above are the reasons of the same. H.B.T./F-4/K Bail refused.