AFTAB AHMED GORAR, J. Through this bail application, applicant Abdul Jabbar son of Abdul Kareem booked in FIR No.615/2022, registered under Section 6/9-C of the CNS Act, 1997 at Police Station Shahrah-e-Faisal Karachi on refusal of bail moved before the Vth Additional Sessions Judge/MCTC Karachi-East vide order dated 21.06.2022 has approached this court for seeking post arrest bail.
2. In nutshell the facts of the case are that on 15.06.2022 a police party apprehended the applicant who was riding a motorcycle bearing Registration No.SKG-5108 Honda 125 with brown color shopping bag which was kept on petrol tank of that motorcycle and on search found 2470 grams Charas hence the above FIR was registered.
3. Learned counsel for the applicant contended that the applicant is innocent and has been falsely implicated in the present case with mala fide intention and ulterior motives; that the alleged recovery of charas has been foisted upon the applicant; that the complainant has not disclosed the name and hulia of any private mashir; that nothing has been recovered from the possession of the applicant; that sample for chemical examiner has not taken from the alleged charas which makes the whole prosecution story doubtful. Learned counsel argued that elder brother of applicant moved applications against the narcotics dealers due to which the applicant was apprehended by the rangers on 06.06.2022 and after nine days while he was in detention the applicant was booked in this false case. He therefore, prayed for allowing this bail application. To support his contentions he has relied upon the case of Ali Khan v. The State (2022 PCr.LJ 690).
4. Learned Additional Prosecutor General Sindh, representing the State contended that a huge quantity of charas has been recovered from the possession of the applicant which cannot be foisted. She therefore, contended that this bail application merits no consideration and is liable to be dismissed.
5. I have anxiously considered the arguments advanced by the respective counsel and had scanned the entire record.
6. Perusal of the record reflects that the applicant was arrested on 15.6.2021 with charas weighing 2470 grams. Mashirnama of a arrest and recovery supports the alleged recovery of the narcotic drug as defined in Section 2 of the CNS Act, 1997. The alleged narcotics were dispatched to the Chemical Examiner and such chemical report is positive and also supports the prosecution version.
7. The offense alleged against the applicant falls within the prohibition contained in Section 51 of the Act of 1997 and Section 497, Cr.P.C. The punishment of the offense falling under clause (c) is death or imprisonment for life or imprisonment for a term that may extend to fourteen years. Thus, the prohibition contained in Section 51 of the Act of 1997 shall apply to this case, and it also falls within the prohibitory clause of Section 497, Cr.P.C.
8. In the present case said alleged quantity of drugs was recovered from the conscious possession of the applicant; that the chemical report of drugs i.e. charas as discussed supra support the prosecution version prima facie connects the present applicant with the alleged offense. It is also required to be considered here the large interest of society, in such kind of case.
Therefore, the applicant is not entitled to the concession of post-arrest bail and there appears to be no exception to this rule in the facts and circumstances of the instant case.
9. The above view is fortified by Muhammad Noman Munir v. The State and another (2020 SCMR 1257) and Bilal Khan v. The State (2021 SCMR 460). In the former case, 1,380 grams of cannabis and 07 grams of heroin were recovered from the accused, and in the latter case, the quantity of recovered Ice was 1200 grams. In the above authorities, the concession of bail was declined by the Hon'ble Supreme Court by holding that the prohibition embodied in Section 51 of the Act of 1997 was applicable thereto. It was also held in Muhammad Noman Munir (supra) that non- association of a witness from the public and his non-cooperation was usual conduct symptomatic of social apathy towards civic responsibility; and, even otherwise the members of the contingent being functionaries of the State are second to none in their status, and their acts statutorily presumed, prima facie, were intro vires.
10. Red-handed arrest of the applicant with a considerable quantity of lethal contraband, confirmed by a positive Chemical report prima-facie connects the applicant with the alleged crime. Applicant's claim of false implication is an issue that cannot be attended without going beyond the scope of tentative assessment, a venture prohibited by law.
The guilt or innocence of the applicant is yet to be established as it would depend on the strength and quality of the evidence produced / to be produced by the prosecution and the defense before the trial Court. Therefore, it is clarified that the observations made herein are tentative which shall not prejudice the case of either party or shall influence the trial Court in any manner in deciding the case strictly on merits under law.
10. In view of the above, the instant bail application is dismissed with direction to the Trial Court to conclude the trial of the subject case as early as possible strictly under the law.