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2022 PSC CRI 197

Muhammad Yousaf and another vs The State and another

Citation2022 PSC CRI 197
CourtSupreme Court of Pakistan
Case No.Criminal Petition Nos. 1088 to 1090 of 2021 and 1111 and 1136 of 2021
Date2021-12-07
Judge(s)Qazi Muhammad Amin Ahmed, Munib Akhtar
ResultDismissed

ORDER

QAZI MUHAMMAD AMIN AHMED, J.-- Consequent upon a single transaction with registration of different criminal cases, bail petitions wherefrom, were decided by the High Court through orders of even date, bear a common thread and, thus, are being decided through this single order.

2. On a tip off, Shoukat Hayat, SI of Police Station Doulat Gate Multan intercepted a Mini Truck bearing Registration No.TKZ/301 with Muhammad Yousaf and Ehsan Ullah, petitioners on board, on 25.6.2020; at first, 5 packets of cannabis weighing 6000 grams were found in the cabin; besides the contraband a sum of Rs.105,000/- was secured vide inventory. As the investigation progressed, Ehsan Ullah was found to have impersonated himself as Muhammad Younas, a subterfuge rectified forthwith. This followed by multiple disclosures by the accused leading to seizure of other consignments, surreptitiously concealed in different cavities of the vehicle as well as beneath the cargo. It was through intensive effort that the police finally succeeded with the help of electric cutters to discover meticulously concealed cache, the last after the vehicle had already moved to the precincts of Police Station Lohari Gate. It is in this backdrop that as many as five First Information Reports were recorded to encompass the whole episode, a complexity, ingeniously highlighted by the learned counsel in his attempt to project multiple recoveries from the single vehicle at two police stations as a sham exercise.

3. Heard. Record perused.

4. A considerable cache comprising 56.400 k.g. cannabis was concealed in different cavities, discovered 'pursuant to piecemeal disclosures through elaborate investigate efforts involving steel cutters and, thus, it was humanly not possible for the police contingent to conclude the exercise in one go; they proceeded with the registration of cases as and when the recoveries became available and this certainly does not allow, within the limited space of tentative assessment, to entertain any manner of doubt for imposition of such a huge cache as in the given facts and circumstances of the case, there was no smarter way to better systematize the conclusion of investigative proceedings. Material collected coupled with the statements of the witnesses clearly attracts the mischief of section 51 of the Control of Narcotic Substances Act, 1997, standing insurmountably in impediment to petitioners' release on bail. Petitions fail. Leave declined.

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