Case Details

Citation(s)
2011 SLG 2042 2011 SLD 2042 2011 YLR 172
Sindh High Court
Criminal Bail Application No. 675 of 2010, decided on 20th September, 2010
TUFAIL H. EBRAHIM, J
Azizullah Khan Shumali for Applicants. Ms. Abida Parveen Channar, S.P.P. (ANF) for
Respondent

NOOR REHMAN and anothers

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), 14 & 15---Possession of narcotic drugs etc., aiding, abetting or association in narcotic offences---Bail, refusal of---Accused were arrested red handed with huge quantity of heroin and charas---Reasonable explanation for non-availability of private mashirs during recovery proceedings was given---No reason for mala fide on the part of Police for implicating the accused was given either---Report of the Chemical Examiner was positive---No case of further inquiry within the meaning of S.497(2), Cr. P. C. was made out---Accused were alleged to have been involved in heinous crime, were not entitled to bail---Petition was dismissed. 1997 SCMR 543; PLD 2005 Pesh. 81; PLD 2009 Lah. 362; 2009 PCr.LJ 1334; 2009 PCr.LJ 523; 2010 PCr.LJ 567; The State v. Abdul Ghani 2010 SCMR 61 ref. 2000 SCMR 1837; 2003 SCMR 573 and The State v. Abdul Ghani 2010 SCMR 61 fol. ORDER TUFAIL H. EBRAHIM, J.---Brief facts for disposal of this bail application as per the prosecution case are that on 4-4-2010 F.I.R. was lodged by S.-I./ S.H.O. Abid Raza Shah, who along with HC Saleem Ahmed, PC Rehmatullah, PC Mehboob Hussain Shah, PC Muhammad Ismail, PC Hanif were patrolling for prevention of narcotics and at about 1040 hours when they were near Makro Shopping Mall, SITE Area, Karachi, spy information was received from special informer that two narcotic smugglers, namely, (1) Noor Rehman and (2) Shah Iran have reached from Peshawar to Karachi and have smuggled huge quantity of narcotics in secret racks of Bus No.MLH-855 and were about to unload narcotics from secret racks of the said bus and if immediate action was not taken the recovery of narcotics and arrest of persons could not be effected. On this information of special informer they along with spy informer immediately reached near Makro Shopping Mall and found the said bus parked nearby and with the help of police encircled the said bus and asked the people present there to become private witnesses, but they due to fear from smugglers of narcotics refused to become witnesses and therefore (1) HC Saleem Ahmed and (2) PC…
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