2018 P Cr (PLP)

AFTAB AHMED GORAR, J.

Applicant Arif Gul son of Ameer Gul sought for post-arrest bail in connection with Crime No. 178 of 2017, Police Station Pirabad, Karachi (West), registered under section 6/9(c), Control of Narcotic Substances Act, 1997. Earlier the bail plea of the applicant was declined by the Judge of learned Special Court-I (Control of Narcotic Substances), Karachi, vide order dated 13-06-2017, assailed hereinabove.

2. The sum and substances of the prosecution story as is envisaged in the FIR is that on the eventful day applicant was apprehended by the complainant at Paracha Graveyard, near Zahoori Baba Tomb, Qasba Colony, Karachi, and from his possession three kilogram of charas was recovered together with cash of rupees one thousand, five hundred and ten and CNIC # 42301-1094084-1, hence this FIR.

3. Mr. Salahuddin Khan Gandapur, representing the applicant contended that applicant is innocent and has been falsely implicated in the present case due to mala fide intention and ulterior motives; per learned counsel Investigation Officer received only memo of recovery, arrest and FIR but no case property was handed over to the Investigation Officer; per learned counsel no DSD entry is mentioned in the FIR with regard to the patrolling, memo of arrest and recovery; per learned counsel place of arrest of applicant is thickly populated area but no independent private person has been associated to act as a mashir same is in violation of the mandatory provisions of section 103, Cr.P.C.; per learned counsel applicant is solely bread earner of his family; per learned counsel a Constitution Petition was filed by the applicant against the police officials bearing C.P. No. S-2000 of 2016 due to said rivalry present applicant/accused has been booked in the present case: lastly learned counsel for the applicant prayed that the applicant may be enlarged on post arrest bail. Learned counsel for the applicant has relied upon Bilal alias Bali v. The State 2017 MLD 30, 2017 MLD 303, 2017 PCr.LJ 438 and 2017 PCr.LJ 115, 1999 SCMR 1271 and 2012 SCMR 573.

4. Ms. Seema Zaidi. Deputy Prosecutor General contended that applicant has been rightly booked in the present case by the police because applicant was trying to travel three kilograms of Hasheesh to the general public, which is curse to the society; per learned DPG, illicit contraband has been recovered from his possession therefore applicant is not entitled for the concession of bail; per learned DPG there was no pre source with the complainant therefore complainant was helpless to associate any independent private source with regard to the alleged arrest and recovery of contraband: learned DPG prayed for dismissal of the bail application Learned DPG relied upon 2015 SCMR 1077, 2003 SCMR 1237, 2007 SCMR 393, PLD 1991 Quetta 205, 2007 YLR 3105 and 2015 PCr.LJ 1053.

5. Heard and perused.

6. Admittedly applicant was having huge quantity of Hasheesh weighing three kilograms, hided himself in between graves just trying to travel/selling Hasheesh (Charas) in the general public or somebody else, this parameter of selling prohibited contraband seems to have been crux for the public at large; even otherwise applicant cannot be allowed to be enlarged on post arrest bail likewise to repeat such a heinous type of offence because applicant seems to have been habitual offender as is evident from Crime No. 122 of 2017. Police Station Boat Basin registered under section 6/9-A, Control of Narcotic Substances Act, 1997. It is pertinent to mention here that offences punishable under Control of Narcotic Substances Act, 1997 are by its nature heinous and considered to be the offences against the society at large, yet it's the reason that when it is refer to the standards of section 497, Cr.P.C., for grant of bail to an accused involved in an offence under section 9(c) of C.N.S. Act, 1997 even on that basis merely on account of nature of quantity of narcotic substance as deeper appreciation of evidence is not permissible at bail stage and secondly in such a situation, looking to the peculiar features and nature of the offence. Even the testimony of police official cannot be excluded from the array of applicant, yet there was no enmity displayed in the picture. The case law cited by the learned counsel for the applicant could not be helpful for applicant/accused to be enlarged on post arrest bail.

7. At the juncture applicant/accused has failed to make out a case for grant of post arrest bail, the bail plea of the applicant is declined. WA/A-103/Sindh Bail refused.