2014 PLP 1323 (MLD)

HASAN FEROZ, J.

This order will dispose of Criminal Bail Application No.1239 of 2013 for grant of bail to applicant/accused Amir Mehmood in case F.I.R. No.248/2013, Police Station Preedy Karachi District South.

2. The brief facts of the case of present application are that on 8-7-2013 complainant SIP Ghulam Mustafa of Police Station Preedy, Karachi along with HC Muhammad Hafeez. and PC Mulazim Hussain and other officials left PS in official vehicle Mobile-II for patrolling. During patrolling spy gave information that inside the Jehangir Park behind Saleh Muhammad Masjid one person is available having Charras in huge quantity. On such information the complainant's party reached at the pointed place at 0015 hours and on pointation of spy apprehended one person who on inquiry disclosed his name as Amir Mahmood who was having a white plastic shopper in his hand. The shopper was taken into custody and checked wherein it was found two pice pieces of Charras wrapped in plastic envelope like chatter weighing 1500 grams. On personal search cash amount of Rs. 2000 and his CNIC were secured. The recovered Charras were sealed on the spot. The offence of the accused falls under section 6/9-C CNS Act, 1997 therefore he was arrested. Memo of recovery and arrest was prepared on the spot in presence of witnesses HC Muhammad Hafeez and PC Mulazim Hussain. Thereafter the arrested accused along with recovered contraband Charras brought at PS where complainant lodged F.I.R. being Crime No.248/13 under section 6/9-C CNS Act, 1997 against the accused.

3. I have heard the learned counsel for applicant/accused who has contended that the applicant/accused was arrested earlier to the date shown in the memo of arrest as the brother of applicant made an application at the Police Station Sohrab Goth on 7-7-2013 at 2200 hours whereas the applicant is shown to have been arrested on 8-7-2013 at 0015 hours by Preedy police and the alleged contraband charas has been foisted on him. In support of his contention the application made to police station and received by Police Station Sohrab Goth on 7-7-2013 has been annexed to the Bail Application. It has further been contended by the learned Counsel that the arrest and recovery made from a public place in the mid of Saddar Karachi at. Jahangir Park is unsupported by any private person to act as Mushir.

4. Learned A.P.-G. for State has opposed this bail application on the ground that 1500 grams quantity of charas falls within the prohibitory clause.

5. Learned counsel for applicant relying on PLD 2009 Lahore 362 has contended that principle of justice, equity and good conscience is to be considered and further contended that normal and standard sentences for different quantities of various contrabands be considered judiciously as enumerated in the chart under this citation whereby charas exceeding 1 kg upto 2 kg the imprisonment of R.I. for four years and six month has been prescribed therefore, the case of applicant/accused falls out from the parameters of prohibitory clause. He has also relied on PLD 2012 SC 380 and 2012 SCMR 573.

6. After hearing the learned counsel and A.P.-G. for State at length I have in my consideration that a thin line of doubt precipitates from annexure filed as 'E' with the application whereby the brother of the accused has made an application with Police Station Sohrab Goth one day before the arrest of the accused i.e. 7-7-2012 thereafter the arrest of the accused from public place without incorporating any public person is also in my consideration. The other aspect for consideration is that neither the mushirnama speaks of the manner of weighing nor the scale on which the contraband has been weight is shown in the mushimama. The cumulative aspect thus emerging out relying to the citations of the superior Courts, I am of the view that further inquiry as envisaged under section 497(2), Cr.P.C. attracts to the facts and circumstances of the present case, however without prejudice to the trial, I hereby grant bail to the applicant/accused in the sum of Rs.200,000 (Rupees Two Lacs) and P.R bond in the like amount to the satisfaction of trial Court. The observations made in this order shall not affect the trial of the accused. MWA/A-72/Sindh Bail granted.