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2005 MLD 950

ANWAR vs THE STATE

Citation2005 MLD 950
CourtSindh High Court
Case No.Crl. B.A. No. D-18 of 2005,
Date2005-03-18
Judge(s)Syed Ali Aslam Jafri, Muhammad Moosa K. Laghari
ResultBail Granted

ORDER

1. ' The applicant is seeking bail in Crime No.122 of 2004 of Police Station Sakrand, registered . On the complaint of SIP Shamsul Haq for allegedly being in possession of 1100 grams of Charas on 28-10- 2004.

2. ' The trail is pressed on the ground that the alleged narcotic substance was not recovered from the physical possession of the applicant and that there was a delay in sending the substance to the Chemical Examiner. The applicant is innocent and has been falsely implicated by the police.

3. ' Learned A.A.-G. Has; however, opposed the grant of bail contending that applicant is also involved in another case of narcotics registered against him on 7-10-2004.

4. ' We have considered the arguments and perused the material available on the record.

5. Admittedly the narcotic substance viz. Charas was not recovered from the actual possession of the applicant and according to the contents of the F.I.R. The man has escaped from the scene as the police could not arrest him. It is yet to be ascertained as to whether the applicant was actually possessing the narcotics. In the previously registered case F.I.R. No.115 of 2004 the applicant was implicated on the basis of statement of co-accused. Under the circumstances, the case against the applicant appears to be of further inquiry.

6. ' Accordingly, the applicant is directed to be released on bail on furnishing surety in the sum of Rs.1,00,000 (one lac) and P.R. Bond in the like amount to the satisfaction of trial Court.

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