| Citation(s) |
|---|
| 2012 SLG 2642 2012 SLD 2642 2012 YLR 2689 |
Sindh High Court
Criminal Bail Application No. S-165 of 2012, decided on 30th July, 2012
NAIMATULLAH PHULPOTO, J
Athar Abbas Solangi for Applicant. Imtiaz Ahmed Shahani, State counsel
Criminal Bail Application No. S-165 of 2012, decided on 30th July, 2012
NAIMATULLAH PHULPOTO, J
Athar Abbas Solangi for Applicant. Imtiaz Ahmed Shahani, State counsel
ZAHID HUSSAIN
VS
THE STATE
Law:
Section:
Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act (XXV of 1997), S. 9 (c)---Possession of narcotic---Bail, refusal of---Accused, who was driving a rickshaw, was allegedly found in possession of three kilograms of charas---Contentions of accused were that out of the total allegedly recovered charas, two kilograms were recovered from the rickshaw and only one kilogram charas was recovered from his exclusive personal possession and as such it was a border-line case; that allegedly recovered charas was foisted upon him, and that all prosecution witnesses were police officials and interested witnesses---Validity---Involvement of accused in the alleged offence was prima facie established from the perusal of F.I.R., statements of prosecution witnesses and positive chemical report---Accused could not point put any mala fide or enmity of police to foist charas upon him---Contention of accused that only one kilogram was recovered from his exclusive possession could not be deeply appreciated at bail stage---Evidence of police officials could not be discarded at bail stage---Accused was refused bail, in circumstances. Iqrar v. State 2012 YLR 877; Ayub Khan v. State 2012 YLR 1015; Wajid Ali v. State 2012 YLR 1051; Naimatullah Khan v. State 2012 YLR 251; Nisar Ali v. The State 2012 YLR 314; Muhammad Sarfraz v. The State 2012 YLR 553; Nadeem v. State 2007 MLD 1092; Imtiaz Ali v. The State 2006 MLD 1961 and Muhammad Chattal v. The State 2001 YLR 654 distinguished. The State v. Abdali Shah 2009 SCMR 291 rel. ORDER NAIMATULLAH PHULPOTO, J.---This bail application has been filed against the order of learned Special Judge (C.N.S.), Larkana dated 17-3-2012 in Special Narcotics Case No. 19 of 2012 registered against the applicant/accused vide Crime No.21 of 2012 at Police Station Waleed, Larkana under section 9(c) of Control of Narcotic Substances Act,1997. 2. Brief facts of the prosecution case as disclosed in the F.I.R. are that on 26-2-2012, SIP Khalild Hussain Abro, along with his subordinate staff left Police Station for patrolling duty at 4 p.m. Police officials noted one Rickshaw/Qingqi near passport office coming from Larkana Town. As…
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