1. ANVVAR HUSSAIN, J.---By way of this Bail Application the Applicant/Accused seeks Post-arrest Bail, after rejection of Applicant's Bail Application by the learned Judge, Special Court-I (CNS)
2. Karachi, in FIR No, 42/2015, u/s. 9(b) of Control of Narcotic Substances Act, 1997, P.S., A.N.F-II, Muhammad Ali Society, Korangi, Karachi.
3. ' Briefly the prosecution story as per FIR is that the Complainant/Inspector, on 11.6.2015, after spy information, that one Jahanzaib Darwesh through his agents openly runs narcotics den/business, reached at spot/street and apprehended (1) Applicant Momin Khan, who handed over Charas 1000 grams and (2) Asif Khan, who handed over charas of 100 grams and Heroin Powder of 40 grams.
4. The same were secured, weighed and sealed on spot in presence of Police Mashirs, as private persons avoided to associate as Mashirs due to fear of enmity with Narcotic Traffickers.
5. ' The Chemical Examiner confirmed the same as Charas and Heroin Powder, but the Charas, recovered from Applicant weighed as 990 grams, vide Chemical Examiner's Report.
6. ' I have heard the arguments of learned Counsel for the Applicant, and learned Special Prosecutor, ANF, who has opposed the grant of Bail in the matter.
7. ' I have observed as under:---
(a) That the Applicant has been apprehended with Narcotics/Charas of 990 grams on spot from the street in presence of Mashirs and no enmity has been shown by the Applicant with ANF Police for false implication. Reliance is placed on 2007 YLR 3105 (DB);
(b) That in view of Section 25 of Control of Narcotic Substances Act, 1997. Section 103, Cr.P.C. Has been excluded in the Narcotic Cases. Reliance is placed on 2008 SCM R 1254 and PLD 1997 SC 408;
(c) That the recovery of Charas of 990 grams from the Applicant/Accused shows that the Applicant is Narcotic Trafficker and apprehended from the street;
(d) That in view of the same, the offence is heinous one and considered as offence against the Society at large and even if the offence does not fall within the prohibitory clause of Section 497.
8. Cr.P.C., the Applicant cofild not be entitled for Bail. Reliance is placed on 2003 SCM R 573 and 2015 SCM R 1077;
(e) That Section 6 of the Control of Narcotic Substances Act, 1997, provides Prohibition of Possession of Narcotic, Drugs etc., and punishment for its violation is provided in Section 9 of the said Act and as such the case of the Applicant falls under Sections 6 & 9(b) of the said Act, as recovered Charas is 990 grams and there is no bifurcation or specification in respect of Narcotic, as to Charas or Heroin, in said Act, and even otherwise in the case of Nadeem Ashraf reported in 2013 SCM R 1538, 420 grams heroin were recovered and bail declined;
(f) That the case laws i.e, 2014 P.Cr.L.J. 427, 2014 YLR 639 and 2014 P.Cr.L.J. 1335, are not of any help to the Applicant's case in view of latest pronouncement of apex Court, reported in 2015 SCM R 1077 and 2008 SCM R 1254.
(g) That at bail stage keeping in view only the quantity of Narcotic as per Section 9(b) of CMS Act, 1997, without going through the fitness of the case for grant of bail as per Section 51(2). CNS Act, would not be proper. In view of the above I am of the considered opinion that the case of the Applicant/Accused is not fit for the grant of Bail and the Applicant/Accusednot entitled for the concession of Bail. Hence this Bail Application is dismissed.
9. ' The above observations are tentative in nature and shall not prejudice either of the party during trial.
10. ' However, learned Trial Court is directed to expedite the Proceedings/Trial.