2020 P Cr (PLP)

MUHAMMAD SALEEM JESSAR, J.

Through instant bail application filed under section 497, Cr.P.C, applicant Ayaz Hussain seeks his admission on bail in Crime No.164 of 2019 of Police Station Sanghar for offence under section 9(b) of Control of Narcotic Substances Act, 1997.

2. Briefly, the facts of the prosecution case are that on 12.10.2019 the complainant SIP Muhammad Azam Bhangwar of P.S. Sanghar along with other police officials during patrolling at Girls College Jhol Road, Sanghar, apprehended the present accused and from his possession 325 Grams of heroin were recovered; hence, instant FIR against him was lodged.

3. Learned Counsel for the applicant submits that applicant is innocent and has been falsely involved in the present case by the police with mala fide intention and ulterior motives; that the alleged heroin has been foisted upon the applicant by the complainant due to enmity as father of the applicant, namely Muhammad Hayat had filed direct complaint bearing No.10 of 2007 against Sanghar Police as well C.P. No. S-23 of 2007 for protection against harassment caused by Sanghar Police; that PWs are interested and subordinate to the complainant; that there is no any independent witness of the alleged recovery though the alleged recovery does not fall within the prohibitory clause of section 497, Cr.P.C. He, therefore, prays for grant of bail to the applicant.

4. Learned A.P.G. though opposed the bail plea of the applicant but she was unable to controvert above legal and factual aspects of the case.

5. Heard learned counsel for the applicant, learned A.P.G. and perused the record. As per prosecution case, the applicant was caught red handed on 12.10.2019 at about 1510 hours from the jurisdiction of Police Station Sanghar and from his possession 325 Grams of heroin powder has been shown to have been recovered by SIP Muhammad Azam Bhangwar in presence of the mashirs. It appears that the area wherefrom the applicant was apprehended is stated to be thickly populated area but the Police Officials due to there mala fide did not call any independent and respectable person of the locality to witness the recovery proceedings. It also bears from the record that prior to lodging of FIR the father of the applicant had filed a Direct Complaint being No.10 of 2007 against the police officials of Police Station Sanghar as well C.P. No. S-23 of 2007 for protection against highhandedness of Sanghar Police, therefore, at this juncture of the case false implication of applicant in instant case cannot be ruled out. Moreover, the alleged contraband so recovered from the applicant i.e. 325 Grams of heroin powder does not fall within the prohibitory clause of section 497, Cr.P.C. Reliance can be placed upon the case of Muhammad Tanveer v. The State (PLD 2017 SC 733), It is settled principle of criminal administration of justice system that every accused would be presumed to be blue-eyed boy of law until and unless he may be found guilty of the charge; and law cannot be stretched upon in favour of the prosecution particularly at bail stage. The meager quantity of heroin powder has been shown to have been recovered from the possession of the applicant, which does not fall within the prohibitory clause of section 497, Cr.P.C. Under the circumstances, case against applicant squarely falls within the ambit of subsection (2) to section 497, Cr.P.C; hence, it requires further inquiry. Consequently, application in hand is hereby allowed and resultantly applicant is admitted on bail subject to his 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 learned trial Court. ADN/A-190/Sindh Bail allowe