Case Details

Citation(s)
2012 SLG 2617 2012 SLD 2617 2012 YLR 2596
Sindh High Court
Bail Application No. 893 of 2011, decided on 25th August, 2011
MUHAMMAD TASNIM, J
Shaukat Hayat for Applicant. Abdullah Rajput, A.P.G. for the State

MUHAMMAD ABDULLAH

VS

THE STATE

Law:

Section:

Criminal Procedure Code (V of 1898)--- ----S. 497(2)---Control of Narcotic Substances Act (XXV of 1997), Ss.6/9(c)---Possessing and trafficking narcotics---Bail, grant of---Further inquiry---Deeper appreciation of the record at bail stage could not be gone into, but only a tentative assessment was to be made just to find out as to whether accused was connected with the commission of offence or not---Delay of seventeen days in lodging of F.I.R.---Mashirnama of arrest and recovery were not prepared at the spot---Samples were sent after ten days of the alleged recovery---Prima facie, the provisions of S.21 of Control of Narcotic Substances Act, 1997 had been violated---No private witness was associated at the time of alleged recovery or arrest---Though private persons were not required to witness the recovery of narcotic substance as provided under Control of Narcotic Substances Act, 1997, but the place of recovery and the time of recovery had to be kept in view to prevent false implication of innocent people---Case requiring further inquiry in terms of subsection (2) of S.497, Cr.P.C., accused was admitted to bail, in circumstances. Shafiullah v. The State 2007 YLR 3087; Khalid Nawaz The State 1999 PCr.LJ 391; Zahoor Ahmed v. The State 1995 PCr.LJ 1715; Gul Zaman v. The State 1999 SCMR 1271; Khalid Sultan v. The State 1985 PCr.LJ 241; Khan Bacha v. The State PLD 2006 Kar. 698; Nawaz v. The State 2004 YLR 1118 and Rayasat Ali v. The State 2005 YLR 1862 ref. Mazhar Ahmed v. The State 2005 PCr.LJ 846; Muhammad Shafiq Qureshi v. The State PLD 2006 Lah. 300; Muhammad Noor and another v. The State and others 2007 YLR 1022; Noor Shah v. The State 2005 YLR 1274; Luqman Raji Adewunmi v. The State 2005 PCr.LJ 248; Gul Alam v. The State 2011 SCMR 624 and The State v. Abdali Shah 2009 SCMR 291 distinguished. Nawaz v. The State 2004 YLR 1118 rel. ORDER MUHAMMAD TASNIM, J.---Applicant Muhammad Abdullah son of Lal Muhammad is arrested in Crime No.846 of 2010 on 20-9-2010 registered under section 6/9-C of C.N.S. Act, 1997, at Police Station Saeedabad. Initially applicant applied for bail before Special Court-II (CNS), Karachi, who vide his order dated 26-1-2011 dismissed the…
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