Law: Criminal Procedure Code (V of 1898)

Section: 497 (2)

Law: Sindh Arms Act, 2013

Section: 23(1)(a)

(a) Criminal Procedure Code (V of 1898) S. 497 (2)---Sindh Control of Narcotic Substances Act (VIII of 2024), 9(1), Sr. No.3(c)---Sindh Arms Act (V of 2013), S. 23(1)(a)---Possession of narcotic substance and illicit weapon---Bail, grant of---Further inquiry---Allegation against the petitioner was that 1530-grams charas was recovered from his possession---Allegedly, the petitioner had been nominated in the FIR and recovery of 1530 grams of contraband substance, viz. charas, was shown to have been effected from his possession---However, the punishment provided by law for the said offence is imprisonment which may be extend to fourteen years but shall not be less than nine years---When the statue provided two punishments, then lesser one was to be considered at bail stage---Hence, the alleged offence with which the petitioner was charged did not fall within the ambit of prohibitory clause of S.497,Cr.P.C., thus making bail the rule and jail the exception---Furthermore, the non-association of private mashirs in such circumstances undermined the credibility of the prosecution case---Additionally, no video recording or photographic evidence of the recovery proceedings had been placed on record, despite the availability of technology and the statutory expectation of transparency under such circumstances---In cases hinging solely on police testimony, the benefit of doubt must be afforded to the accused, even at the bail stage---In the circumstances and in view of legal as well as factual position of record the petitioner had succeeded to make out a good prima facie case for grant of bail---Bail petition was allowed, in circumstances.        Khan Asfandyar Wali v. Federation of Pakistan PLD 2001 SC 607; Muhammad Abid Hussain v. The State 2025 SCMR 721; Zahid Sarfaraz Gill v. The State 2024 SCMR 934 and Muhammad Arshad v. The State 2022 SCMR 1555 rel. (b) Criminal Procedure Code (V of 1898) S. 497---Bail---Observations of the Court---Scope---Observations recorded in bail order are tentative in nature and shall not, in any manner, prejudice or influence the Trial Court during the adjudication of the case.       …