ABDUL MAALIK GADDI, J.---Having remained unsuccessful in obtaining his release on bail from the trial Court in case Crime No.17 of 2020 registered at Police Station ANF Muhammad All Society , Karachi, under sections 6/9-C of Control of Narcotic Substances Act, 1997. Now the applicant All Khan is seeki ng for his post-arrest bail in the said crime through instant bail application.
2. The brief facts of the prosecuting case as unfolded in FIR are that on 23.05.2020 at about 1000 hours complainant Sub-Inspector Muhammad Aqeel Shahzad of Police Station ANF Muhammad Ali Society , Korangi, lodged FIR alleging therein that when he was present at police station ANF, Karachi, spy informer came at police station through his high-ups and informed that one narcotic seller for supply of huge quantity of narcotic to his special customer will came today morning at about 0800 hours at Dada Darbar Hotel near Murtaza Chowrangi Industrial Area, Landhi Karachi and if immediate action will be taken then arrest of accused and recovery will be sure. On such information and on direction of high-ups Sub-Inspector Muhammad Aqeel constitute a raiding party comprising upon him, ASI Zaheer Iqbal, PC Rana Imran Khan, PC Driver Ghulam Hussain duly armed with official weapons in official vehicle left the police station vide roznamcha entry No.8 and at about 0730 hours and at about 0745 hours arrived at the pointed place as informed by spy and started secret surveillance. At about 0815 saw that one person having blue color shopper in his right hand came by foot from Mansara Colony and stand in front of at Data Darbar Hotel near Murtaza Chowra ngi to whom spy pointed to be same person Ali Khan, therefore, he was apprehended. The complainant asked the people available there to act as mashir but they refused therefore ASI Zaheer Iqbal and PC Rana Imran were nominated as mashirs and inquired name etc from the accused who disclosed his name as Ali Khan son of Muhammad Ghani resident of House No. E-1238, Block-A, Rohnni Mohallah, Ittehad Town, Karachi.
Henceforth, complainant secure blue colour shopper from right hand, opened the same and recovered packed in yellow color solution tape and momi type envelops and on cutting of said packets there were found chars. The said packets were weighted separately on digital scale and weight two packet of chars became 1200 grams each whereas weight two remaining packets of chars became 1100 grams each. Thus, accumulated weight of four packets became 4600 grams of chars. The sample of 10 grams was extracted from each packet and sealed the same separately in transparent plastic theli and then in white cloth bag for the purpose of chemical examination.
The serial Nos.1 to 4 were allotted on samples parcels and in same sequence serial Nos.1 to 4 were allotted on remaining packets of chars and sealed the same in white cloth bag for proof. The personal search of accused conducted and recovered one mobile phone Nokia along with sim card, one mobile phone Nokia along with sim, original CNIC card, and cash Rs.1300/-. The mashirnama of arrest and recovered was prepared at the spot which was signed by the above said witnesses and after completing all formalities, case property and accused were brought at police station where aforesaid FIR was lodged.
3. Barrister Ali Tahir, learned Counsel for the applicant contended that applicant is innocent and has been falsely implicated in this case due to mala fide intention and ulterior motives; that applicant never committed any cognizable offence; that nothing recovered from the possession of applicant and alleged recovery has been foisted upon him by the complainant party just to show their efficiency in the eyes of high-ups; that actual facts of the case are that on 22.05.2020 present applicant gone for his work and thereafter he did not return back and he was missing and in this regard on the same day at night time the brothers and Cousins and paternal aunty of applicant reached at police station Ittehad Town and moved written application, but same was not received by police station; hence, said application was sent to SHO of police station Ittehad Town, through TCS and later on 23.05.2020, Police Station ANF Muhammad Ali Society , Korangi, Karachi booked the present applicant in present FIR; that sample parcel of the alleged chars were sent for chemical analysis after considerable delay , which has not been explained, therefore, according to him tampering in the case property at the hands of the complainant party could not be ruled out; that in this matter complainant himself had carried out the investig ation, therefore, his investigation cannot be safely relied upon, thus, in view of the above circumstances, case of the applicant requires further probe.
In support of his contentions, learned Counsel has relied upon the following case laws:-
(i) Javed v . The State reported as 2017 SCMR 531 ;
(ii) Peer Buksh Brohi through Attorney and another v. Dhani Buksh through Attorney and another reported as 2020 YLR Note 24;
(iii) Taimoor Khan and another v . The State and another reported as 2016 SCMR 621 ;
(iv) Saifullah v .The state reported as 2020 YLR 151 ;
(v) Zamin v . The State reported as 2020 MLD 1215;
(vi) Imtiaz v . The State reported as 2014 MR 892,
4. On the other hand, Ms. Abida Parveen Charmer , learned Special Prosecutor , ANF has vehemently opposed this bail application on the ground that offence is against the society and huge quantity of chars have been recovered from the applicant in presence of mashirs, who have no inimical terms with the applicant, prima facie shows the involvement of applicant in this case which appears to be serious and heinous in nature.
5. I have heard the learned counsel for the parties at length and have gone through the case papers so made available before me.
6. It is noted that case has been challaned and present applicant is no more required for investigation. On perusal of case papers so made available, it appears that complainant party had advance information about the availability of the present applicant at the place of incident and the place of incident as per police papers was populated area but despite of this fact, complainant did not bother to associate with him any private person either from the place of information or from the place of incident to witness the event. No plausible explanation is on record why the complainant did not Join any independent person from the locality to witness the event though they were available.
7. As per police papers, it reveals that whole case of the prosecution based upon the evidence of the ANF officials.
No doubt the evidence of the ANF officials are as good as private persons, but when the whole case of the prosecution is rest upon the evidence of the ANF officials, therefore, their evidence is required to he minutely scrutinized at the time of trial whether the offence has been committed by the applicant/accused in a fashion as alleged by the prosecution in the FIR or otherwise.
8. Apart from that in this case it is noted that Complainant SIP Muhammad Aqee l Shahzad of police station ANF lodged the FIR, but as per police papers he himself has also investigated the matter . Since in this matter complainant also acted as investigating officer, although the evidence of complainant/police official, who also becomes I.O. is admissible in evidence but for the safe administration of justice, their evidence is also required to be minutely scrutinized at the time of trial, as the same is not corroborated by any independent evidence. Besides this, no buyer was available and no evide nce is available as to whom it was to be sold. Nothing on record whether the alleged chars was weighed along with shopper or otherwise. Besides this, all the prosecution witnesses are ANF officials, therefore, no question does arise for tampering the evidence at the hands of applicant, hence, further detention of applicant in jail would not serve the purpose and till then the case of applicant requires further probe.
Nothing on record that applicant is previously convicted and the applicant is behind the bars since his arrest.
9. It is also noted that samples of alleged recovered chars were sent to chemical examination after the considerable delay of time which has also not plausibly explained by the prosecution. It is also stated by the Counsel for the applicant that prior to incident family members of the applicant had sent application for missing of the applicant through TCS to SHO of police station Ittehad Town Karachi and thereafter applicant has been shown in the present case malafidely . All these facts leads to the undersigned that the case in hands of the applicant requires further probe. Therefore, I accord ingly in view of what has been discussed above, allow the captioned bail application. Consequently , the applicant/a ccused is admitted on bail, subject to his furnishing solvent surety in the sum of Rs.200,000/ - [Rupees Two Lac only] and P .R. Bond in the like amount, to the satisfaction of trial Court.
10. Needless to mention here that observations, if any, made hereinabove are tentative in nature and would not influence the trial Court while deciding the case of the applicant/accused on merits.
11. It is made clear that in case, if applicant/accused during proceedings before the trial Court, misuses the concession of bail, then the trial Court would be competent to cancel the bail of applicant/ accused without making any reference to this Court.