| Citation(s) |
|---|
| 2025 SLG 3007 2025 SLD 3007 = 2025 SHC 1958 |
C.P. No.D-2668 of 2025
Mr. Justice Zulfiqar Ali Sangi Mr. Justice Nisar Ahmed Bhanbhro
Petitioner: Saghar Ali son of Muhammad Hassan Through Mr. Shab Alam, Advocate
Respondent: The State, through Mr. Ali Haider Saleem, Addl. Prosecutor General
Saghar Ali
VERSUS
Province of Sindh and others
Law: Control of Narcotics Substances Act, 1997
Section: 6/9/A and 6/9(2)/5,9(2), 17,20
Law: Code of Criminal Procedure (CrPC), 1898
Section: 103,161, 497
Summary
Saghar Ali was arrested from a public street in Karachi with 600 grams of Crystal (ICE) and 275 grams of Weed (intoxicants), contravening the Sindh Control of Narcotics Substance Act 2024 (SCNS Act 2024). He filed for post-arrest bail. The petitioner argued false implication, lack of private witnesses during recovery (violating Section 103 CrPC), and absence of video recording per Section 17 of SCNS Act 2024. The prosecution contended that he was caught red-handed, police witnesses were credible, and bail should be denied due to the serious nature of the offence.
The Court held:
Police are competent witnesses; Section 103 CrPC does not apply in drug cases due to Section 20 of SCNS Act 2024.