1. ORDERDR. QAMARUDDIN BOHRA, J. - The prosecution story is that on 7.12,2007 complainant Nisar Ahmed Memon, Assistant Jail Superintendent who' lodged the F.I.R, subsequently alleged that he received spy information that the bricks which were being brought in jail for construction of mosque, one person working as a labour brings Charas in the plastic bag on tractor trolley, therefore, at about 10,00?. m. He noticed one person sitting on trolley which was loaded with bricks and he was having plastic bag in his hand. The trolley was stopped and he was apprehended alongwith the plastic bag while tractor driver decamped away. Then the apprehended person (applicant) was brought before Sikandar Ali Jakhrani, Deputy Superintendent Jail and in his presence plastic bag was opened which contained four packets of charas wrapped in plastic which were weighed 3 Kilo and 750 grams charas and then S.I.P.. Send the quantity to the chemical analysis and the report is in positive. The applicant moved bail application before the Special Judge for'C.N.S., Larkana who vide his order dated?. 5.2008 rejected the same. Learned counsel for the applicant contended that the F.I.R, is lodged after delay of six hours. The alleged quantity was sent by S.I.P, for chemical analysis after 19 days without any explanation which created doubt.
2. The learned State counsel opposed the 4)ail application on the ground that the report of chemical analyser is positive.
3. It is case of prosecution that applicant/accused was apprehended form the trolley which was brought by another person alongwith bricks for construction of mosque in jail- and then on spy information he apprehended the applicant and recovered the alleged quantity but it is nowhere given any reason that how the driver run away from the jail. Moreover, the very Assistant Superintendent Jail who had spy information then he would have called the concerned S.I.P, for apprehension.Of the accused and recovery and so on. But in the instant case admittedly the applicant/accused is apprehended by the Assistant Jail Superintendent who effected the alleged recovery also prepared the mashirnama and the mashirs are also jail staff though the labours were available for constructing the mosque. The another question is whether he was competent to perform the function of the investigation which otherwise was required by the concerned police.
4. Admittedly, the quantity was first stated to be recovered by the Assistant Jail Superintendent and then it was handed over to concerned S.I.P, who after keeping for 19 days with him sent for the chemical analysis without any explanation regarding the delay in sending the same to the chemical analyzer. All this made the case of applicant/accused of further enquiry. He is admitted on bail in the sum of Rs. 5,00,000/- (Rupees five lac) and P.R. Bond in the like amount to the satisfaction of the Trial Court.