2001 PLP 912 (YLR)

The applicant seeks bail in a case (F. I. R. No. 18 of 2000 of Police Station ANF Police Station (ii) Karachi), registered under sections 6, 9, 12, 13 of the Control of Narcotic Substances Act, 1997 pending trial before the Special Court (CNS) Karachi, Division.

2. The F. I. R. discloses that the police party headed by complainant Inspector Ghulam Abbas on 5-8-2000 at 1500 hours happened to secure 2 K.G of heroin powder from accused Altaf at Nursery Bus Stop near Shell Petrol Pump at Shara-e-Faisal, Karachi.

3. The applicant has been refused bail for the reason only of his involvement in two other identical cases and being habitual offender.

4. The learned counsel for the applicant has contended that there is no evidence against the applicant at all. The applicant has been sent up for his being only a, relation of the co-accused Altaf. Further the applicant in case F.I.R. No.218 of 1994 of Police Station Jackson has been acquitted.

5. On the other hand Mr. Shoaib M. Ashraf learned .Special Prosecutor appearing for the State/ANF has opposed the bail plea of the applicant and has submitted a statement showing the involvement of the applicant in 3 cases involving 20/22 K.G of heroin and opium. Learned Special Prosecutor has relied upon the case of Munawar Hussain v. The State reported as 1993 SCMR 785.

6. The applicant is stated to have been acquitted in, one case while in the other case the trial is yet to conclude. In the instant case the State counsel has failed to point out evidence proposed to be led at trial. The case of the applicant, in view of the above would fall within the ambit of subsection (2) of section 497 Cr.P.C. The authority of the Hon'ble Supreme Court cited by the Special Prosecutor is not found. applicable to the instant bail plea. We are further fortified by the observations made in case' of Mst. Fahmida v. The State (1997 SCMR 947). "Two reasons have been given by the High Court in rejecting the bail application of the petitioner, namely, that the petitioner had earlier been challaned in 1994 in 6 cases of similar nature and that the recovery of 35 grams of heroin in the present case was made in the presence of one private Mashir. Mr. Moula Bux Bhatti, Special Prosecutor for the Department and who has been nominated by the concerned Ministry to appear in all Anti-Narcotics cases, has conceded on instructions that out of the six cases previously registered in 1994 against the petitioner, she has been acquitted in three cases and that she is on ball in three other cases. In our view, an accused should not be denied the concession of bail only on the ground that some cases are pending against, him. It may be added that in this cases out of the cases alleged to have been registered against her, the petitioner has been acquitted in three cases and in the other three cases she is on ball. In the circumstances, concession of ball should not have been withheld from her on the ground of pendency of the said cases:"

7. We accordingly allow bail to the applicant subject to his furnishing a solvent surety in the sum of Rs.2,00,000 (Rupees two lacs only) and P.R. bond in the like amount to the satisfaction of the trial Court. H. B. T./S-119/K Bail granted.