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2004 YLR 1118

NAWAZ vs THE STATE

Citation2004 YLR 1118
CourtSindh High Court
Case No.Criminal Bail Application No,705 of 2003
Date2004-01-13
Judge(s)Khilji Arif Hussain, Muhammad Moosa K. Laghari
ResultBail allowed

ORDER

1. Granted.

2. After recovering 110 grams of Charas from his possession, the applicant was arrested by Dadu police and a case was registered against him under section 9-B Control of Narcotic Substances Act vide F.I.R. No,156 of 2003 at Police Station, Dadu.

' It is contended that, the applicant was involved on account of enmity with police and that the Charas was foisted upon him.

' Learned Asst: A:-G., however, opposed the grant of bail stating that it was a crime against the society.

' The arguments rendered before us have been considered and material placed on record has been perused.

' Though private persons are not required to witness the recovery of Narcotics substance as provided under C.N.S. Act yet the place of recovery and the time of recovery has to be kept in view to prevent false implication of innocent people, looking to the general conduct of police. The maximum punishment provided for the alleged offence is 7 years which does not fall Within the prohibitory clause contained under section 497, Cr.P.C. The accused is behind bars since last four months. Keeping in view the peculiar circumstances of the case we are inclined to grant bail to the applicant. The applicant is accordingly directed to be enlarged on bail in the sum of Rs,50,000 and P.R. Bond in the like amount to the satisfaction of the trial Court.

Cited by 5 cases

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