2018 PLP 97 (YLRN)

MALIK HAQ NAWAZ, J.

The petitioner has been booked for the offences under sections 9(c) CNSA-1997, 13 A.O. and 3/4 Explosive Substances Act, 1908 vide FIR No.18/17 of Police Station Aliabad Hunza.

2. The brief facts of the case have been highlighted in para 2 of the impugned judgment passed by the learned Special Judge Hunza dated 16-09-2017, which is reproduced as under:-- "Brief fact of the case as disclosed in the FIR by the complainant Ibar Hussain SI/SHO, Police Station City Aliabad that he received a spy information that Shabbir Hussain , while keeping huge quantity of charas at his residence and shop and selling the same. On the said information he obtaining permission for raid at the house and shop of the accused, and on search, from the ceiling of the roof of his residential house recovered 04 packets charas and cash amount of Rs. 50,000/- and beneath the bed .30 bore pistol along with 18 live cartridges, 27 live cartridges of SMG and one cotton crackers. On weighing charas 2520 gram found which was taken into possession".

3. After completion of investigation the petitioner was committed to judicial custody. The petitioner applied for post arrest bail, which was refused to him vide judgment/order dated 16-09-2017. Being aggrieved from the said judgment/order the petitioner has come to this Court for concession of bail.

4. The petition was fixed for preliminary hearing on 04-10-2017 but the learned defence counsel did not appear and the petition was re-listed for 18-10-2017. On 18-10-2017 the petition was admitted for regular hearing and notice was issued to Dy. Advocate General for 08-11-2017.

5. The learned counsel for the petitioner submitted that the petitioner is innocent and has been falsely implicated in the case due to some ill wishers. The learned counsel further contended that the specification of charas has not been mentioned as to whether the same was charas "garda" or charas "pukhta", which makes the case of the petitioner as one of further inquiry. The learned counsel further contended that offence under section 13 A.O. is bailable and the provisions of section 3/4 of Explosive Substances Act, 1908 are not attracted. The challan of the case has been submitted after a period of 17 days, which vitiates the whole proceedings of the prosecution. Lastly the learned counsel submitted that the petitioner is first offender, who may be released on bail, as his detention will not serve any useful purpose.

6. On the other hand the learned Dy. Advocate General submitted that the offences under section CNSA-1997 and section 3/4 of Explosive Substances Act, 1908 are not bailable and falls within the prohibitory clauses of section 497 Cr.P.C. The learned Dy. Advocate General further contented that the raid on the house of petitioner was conducted after obtaining search warrant from the Magistrate. Further that the petitioner is a previously convicted person as evident from the conviction recorded by a Judicial Magistrate on 07-06-2014. There is a prima facie case against the petitioner, who does not deserve the concession of bail.

7. As evident from the record, the house of the petitioner was raided after obtaining search warrant from the Ilaqa Magistrate and a huge quantity of charas, crackers, one pistol and some cartridges of SMG were recovered from the possession of the petitioner. As the record reveals the petitioner is a habitual offender and has been involved in such like cases in the near past. His release on bail will frustrate the principles for grant of bail in such like cases.

8. A tentative assessment of the material collected during investigation suggests that a prima-facie case is established against the petitioner.

9. The petition in hand is meritless, which is dismissed accordingly. WA/227/GB Bail refused.