2018 P Cr (PLP)

KHADIM HUSSAIN TUNIO, J.

By this common order, I propose to dispose of Criminal Bail Applications Nos.404 of 2016 and S-501 of 2016, filed by applicants separately for their admission on post-arrest bail, which are outcome of FIR No.02/2016 of Police Station Railway Jacobabad, under section 23(i) of Sindh Arms Act, 2013. Precisely facts of the prosecution case as unfolded in the FIR lodged by complainant Sub-Inspector Gulzar Shaikh, SHO Police Station Railway Jacobabad on 23.4.2016 are that on 23.4.2016 at 08:55 a.m. he along with his subordinate staff was present at platform No.1 of the Railway Station Jacobabad for looking after security arrangements during arrival of train, officials of security agencies came there and informed that the arms and ammunition were being shifted from Peshawar to Dera Allah Yar through Akbar Express as per builty Nos.639, 719, including illegal foreign arms which they would check. Meanwhile train arrived at said platform and one man came out and disclosed his name Miro Khan who disclosed that the arms and ammunition being shifted under builty No.719 belonged to him. It is also stated that the builty was called from luggage guard which was consisting of 29 wooden boxes. Out of which 26 were large in size while three were small and words Peshawar to Dera Allahyar were written upon them. The same boxes were got down from the train and in presence of Miro Khan Abro, Ghulam Hussain Station Master and Arz Muhammad Parcel Clerk, the same were opened, checked and found (i) .12 bore repeaters 298 items (ii) pistols of .30 bore 284 items out of which 5 pistols were made in USA, China, Turkey and Russia, (iii) Rounds .30 bore pistol (3500) (iv) NPB 20 items and (v) NPB rounds 5-000 items. As per stated items more arms and ammunition were recovered which were not shown in builty. The said items were (i) .30 bore pistols number 37000841, 51009643 and 940973 and (ii) rounds 819 of different bore (iii) 9 mm magazine 8 items, (iv) Magazine 84 items of different bores (v) Round magazine 8 small size and 22 large size number (vi) vigrib 09 items of different kinds (vii) Barrel nail were recovered. Said weapons were being transported from Peshawar to Dera Allahyar by Sanaullah and brothers manufactures to M/s. Bashir Arms and ammunition dealer. The applicants/accused have committed offence under section 12(2)C of Arms Ordinance, hence, the FIR was registered. Mr. Ali Nawaz Ghanghro learned counsel for applicant Miro Khan Abro has contended that the applicant is innocent and falsely implicated in the case with mala fide intention and ulterior motive; that the alleged case property has been foisted upon applicant; that applicant is dealing in business of arms and ammunition and his consignment was being shifted under the legal frame work and documentation; that necessary permission to sell arms and ammunition to applicant was sought by manufactures Sanaullah and brothers from Deputy Commissioner Peshawar, which he subsequently sent to Home Department KPK by the Deputy Commissioner Peshawar vide his letter dated 10.12.2015 and Section Officer, Home Department KPK vide his letter dated 18.3.2016 permission was accorded to M/s. Sanaullah Brothers APA manufacturer Peshawar for dispatching the sanctioned arms to M/s. Bashir A&A to Usta Muhammad Jafar Abad; that the Deputy Commissioner Peshawar after approval of transportation license wrote a letter to Capital City Police Officer Peshawar and directed him to depute a police officer not below the rank of DSP to supervise sealing and loading of the consignment and further 1-2 guards may also be detailed for escort of the said consignment from the Factory to Railway Station; that if the arms and ammunition were being moved illegally then the applicant might have shifted secretly not through the State Railway transportation which shows that the applicant was moving said arms and ammunition lawfully for business purpose; that the weapon, if any, found in excess is foisted by Railway Police in order to pressurize the applicant with intent to extort money from him; that though the alleged episode of recovery was affected on the information of some law enforcing agency but none from them was acted as mashir or even shown them as witness; that the Railway station is not ordinary place and at the time of arrival of train there must be hundreds of people available there and complainant even has not tried to associate any one from public to witness the alleged recovery. He has cited case law reported as Irshad Ali and another v. The State (2015 MLD 466), Muhammad Roshan v. The State (2016 MLD 392), Naeem-ul-Areen v. The State (2016 MLD 1543) and Abdul Rehman alias Sain v. The State (2016 YLR 32). Mr. Habibuallah Ghouri learned counsel for applicant Bashir Ahmed Bhangar has urged that no independent person has been cited as witness; that the applicant is licence holder and alleged weapon/ ammunition has been foisted against applicant; that name of applicant Bashir Ahmed has not been disclosed by co-accused Miro Khan and police malafidely involved applicant in the present case in order to please their high ups; that nothing incriminating has been recovered from the person of applicant. Conversely learned AAG for the State has opposed the bail plea of the applicants. I have given due consideration to the arguments advanced by the learned counsel for the applicants and learned AAG for the State and gone through the relevant papers available on record. It is admitted position that alleged incident took place in a thickly populated area i.e. Railway Station Jacobabad per FIR, it transpires that police had advance information regarding availability of applicant Miro Khan Abro as well as alleged arms and ammunition, yet the police did not bother to associate with them any independent person of the vicinity to witness the arrest and recovery. No doubt the police officials are good witness as other but where the entire prosecution case hinges upon sole evidence of police officials their evidence require deep scrutiny at the trial. Moreover no criminal history of the applicants has been brought on the record in respect of conduct of applicants that they were ever involved in such type of cases prior to registration of present case. The applicants are behind the bars since 23.4.2016 and 2.5.2016 respectively, challan against them has already been submitted. They are no more required for investigation. All the prosecution witnesses are police officials, thus, there is no question of tampering with the evidence. It is vehemently argued by the learned counsel for the applicants that they are License holders to sell the arms and ammunition in this respect they have placed on record copy of authority letter and license for transportation issued by Deputy Commissioner Jafarabad, letters dated 10.12.2015 and 18.3.2016 and 4.4.2016 respectively showing that they are authorized dealers to sell the arms and ammunitions which are available at page Nos. 31, 33, 35, 37 and 39 respectively of the present case file. Keeping in view the above circumstances, the applicants are granted post arrest bail subject to furnishing their solvent surety in the sum of Rs.200,000/- (two Lac) each and P.R bond in the like amount to the satisfaction of trial court. Whatever stated above is tentative in nature and will not cause prejudice to the case of either party at the trial. WA/M-71/Sindh Bail granted.