Law: Criminal Procedure Code (V of 1898)

Section: 497

Law: Control of Narcotic Substances Act, 1997

Section: 6/9(c)

Criminal Procedure Code (V of 1898)--- ----S. 497---Control of Narcotic Substances Act ( XXV of 1997), Ss. 6/9(c)---Possession and trafficking narcotics ---Bail, grant of---Joint memo of recovery and arrest---Recovery of 2100 grams of charas along with a loaded firearm from the possession of accused---No private witnesses had been associated to witness the event by the prosecution and no explanation had been furnished in that regard---Accused had been granted bail in case registered under Sindh Arms Act, 2013 on the basis of same set of evidence---Prosecution witnesses, if disbelieved , in one criminal case on the basis of joint memo, could not be relied upon with regard to accused in other case, unless they were corroborated by evidence, which came from unimpeachable independent source, which was apparently lacking in the present case---Mere pendency of the criminal case/cases against accused did not ipso facto disentitle him for grant of bail, unless it had been ended into conviction by the Superior Courts---Accused was behind the bar since his arrest and no substantial progress had been made in the trial by the Trial Court---Speedy trial was the right of every person, therefore, even if the provision of S.497, Cr.P.C., in ordinary course was not applicable to an accused person facing charges, broader principle of the same could be pressed into service in hardship cases to provide relief to a deserving accused incarcerated in jail for a shocking long period---Further detention of accused for indefinite period in the present case would not advance the prosecution case---Accused having made out a case for grant of bail, bail was granted. ORDER ABDUL MAALIK GADDI, J.---Having remained unsuccessful in obtaining his release on bail from trial Court in Crime No.248/2019, registered under Section 6-9-C of CNS Act, 1997 at P.S. New Karachi Industrial Area, Karachi (Central). Now the applicant Muhammad Sharif is seeking his release on bail in the said crime through instant bail application. 2. Facts of the case are that on 20.6.2019 at 0530 hours, applicant/ accused was arrested by the police party of PS North Karachi Industrial Area and recovered one SMG rifle .12…

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