KHADIM HUSSAIN M. SHAIKH, J.---By means of the captioned bail application, applicants Nazir Ahmed son of Ali Bux Memon and Umar son of Abdul Jabb ar Bhutto seek post arrest bail in case emanating from Crime No. 21 of 2019, registered at Police Station Lodra, District Shikarpur , for offence under sections 269, 270, 337-J after their bail plea has been declined by the learned V-Additional Sessions Judge, Shikarpur by dismissing their bail application vide order dated 16.10.2019.
2. Briefly the facts of the case are that on recovering 19 sacks (Pachika) of Gutk a i.e. eleven (11) sacks of 2100 gutka, five (05) sacks of Z-21 gutka and three (03) sacks of RA gutka, weighing 240 kilograms while transporting it by the applicants in the car which was in their control and possession, both the applicants were arrested and after usual investigation, they were sent-up with the challan to face their trial in the case discussed supra . The applicants sought their release on bail, which has been declined by the learned V-Additional Sessions Judge, Shikarpur by dismissing their bail application vide order dated 16.10.201, hence this bail application.
3. The learned advocate for the applicants has mainly contended that no independent person was cited as witness or mashir; that the investigation has been completed and the applicants are no more required for the purpose of investigation; that nothing was recovered from the applicants, but the police by foisting upon them the subject Gutka have falsely implicated the applicants in this case in order to show their efficiency to their higher officers; that the offence with which the applicants are charged does not fall within the prohibitory clause of section 497, Cr.P.C.
Learned counsel referring to Photostat of order dated 20.11.2019, passed by a learned single bench of this court in Criminal Bail Application No. S-1627 of 2019, granting bail to the accused in that case, prays for grant of bail to the applicant.
4. Conversely , the learned Deputy Prosecutor General, Sindh has mainly contended that huge quantity of 19 sacks of gutka weighing 250 kilograms was recovered from the applicants while they were transporting it in the car, which was in their control and possession; that the offence with which the applicants are charged carrying punishment upto ten (10) years, falls within the prohibitory clause of section 497, Cr.P.C.; that no enmity against the police is alleged by the applicants; that such huge quantity of Gutka, casting Rupees 1300200/-, which is dangerous for the lives of human being, could not be foiste d upon the applicants; and, that there is sufficient material available with the prosecution for involvement of the applicants in this heinous offence against the society . The learned D.P.G referring to photostat of order dated 07.11.2019, passed by a learned single bench of this court, in Criminal Bail Application No. S-1124 of 2019, declining the bail to the accused in that case by dismissing his bail application, prays for dismissal of the instant bail application.
5. I have considered the submissions of the learned counsel for the applicants and learned D.P.G for the State and have gone through the material with the assistance of learned D.P .G.
6. From a perusal of record, it would be seen that huge quantity of 19 sacks (Pachika) of Gutka i.e. eleven (11) sacks of 2100 gutka, five (05) sacks of Z-21 gutka and three (03) sacks of RA gutka, weighing 240 kilograms was recovered from the applicants while they were transporting it in a Alto Car No. AVZ-752 , which was in their control and possession and such huge quantity of gutka valuing more than Rupees 1300000/- , could not be foisted upon the applicants, more particularly , in view of the fact that no animosity or ill will against the police is alleged by the applicants; P.Ws have supported the version of the complainant in their statements under section 161, Cr.P.C; the expert report of Government Public Analyst, Public Food Health Analysis Laboratory Sukkur at Rohri is also positive; there is sufficient material available with the prosecution to connect the applicants with this heinous crime and, in my humble view, the bail cannot be claimed as matter of right in the cases like case one in hand, involving huge quantity of such dangerous item, namely , gutka, which needless to say is more dangerous than narcotics, as it is known to cause a major life threatening disease mouth cancer and serious disease oral submucous fibrosis in which fibrous bands develop in the mouth, mucosae loses their elasticity and the ability to open the mouth reduces to such an exten t that even victims may be only able to open their mouths to the extent to pass through a drinking straw; this disease does not regress and has no known cure and this crime against the society is affecting the public at large, ruining the people of young age and most ly the poor facilities, on loosing their breadwinners and by selling their entire valuable belongings, spent that money in their treatments etc; the offence under section 337-J, P.P.C. carrying punishment upto ten (10) years does fall within the prohibitory clause of section 497, Cr.P.C. Under these circumstances, I am of the considered view that the applicants have failed to make out their case for grant of concession of bail. Accordingly , the bail applica tion is dismissed. However , the learned trial court is required to conclude the trial preferably in one month from the date of receipt of this order .
7. Needless to add that the observations made hereinabove are tentative in nature only for the purpose of deciding this bail application, which shall not influence the learned trial court at the time of final decision of the subject case.