ORDER SHEET

IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA

Cr. Bail Appln. No.S-576     of  2013.

DATE OF HEARING

 

ORDER WITH SIGNATURE OF HON’BLE JUDGE

07.01.2014.

1. For orders on office objection.

2. For hearing.

 

Mr. Ahmed Bux Abro, advocate for the applicant.

Mr. Imtiaz Ali Jalbani, Assistant Prosecutor General.

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                   Applicant Rashid Ali Abro has applied for grant of bail after his bail application was dismissed vide order dated 04.12.2013 passed by the trial Court in crime No.37/2013 registered at Police Station Hatri Ghulam Shah, District Larkana, for offence under section 9(c), C.N.S. Act, 1997.

                   On 12.10.2013, at 6.00 a.m., applicant Rashid Ali Abro was allegedly apprehended at Ali Jatoi curve on the Highway leading from Larkana to Khairpur, by a police party headed by ASI Irshad Ali Khero of PS Hatri Ghulam Shah and charas in shape of two patties and five pieces, weighing 2000 grams, was allegedly recovered from the possession of the applicant and a sample of 500 grams was drawn and sealed from it and such F.I.R. was registered.

                   It is argued by learned Counsel for the applicant, that though the recovery allegedly made from the possession of the applicant is 2000 grams, but out of total 2000 grams only 500 grams were sent for chemical analysis, therefore, in the light of decision given in the case of Ghulam Murtaza V. The State, reported in PLD 2009 Lahore 362, the quantum of sentence for recovery of Charas upto two kilograms would be to the extent of 04 years, 06 months and fine of Rs.20,000/- and in such circumstances the case against the applicant would not attract the prohibition contained in Section 497, Cr.P.C, so also Section 52 of the Control of Narcotic Substances Act, 1997.

 

                    On the other hand, Mr. Imtiaz Ali Jalbani, learned A.P.G., opposed the bail application, on the ground that the applicant was apprehended at the spot and charas weighing 2000 grams was recovered from his possession, which falls within the prohibitory clause.

                   I have considered the above submissions and also perused the record. 

                   Admittedly, out of total 2000 grams only 500 grams charas was sent for chemical examination.  The criterion with regard to the quantum of sentence has been laid down in Ghulam Murtaza's case (supra), which determines the sentence for recovery of Charas upto two kilograms to the extent of 04 years, 06 months and fine of Rs.20,000/-.  The Hon'ble Supreme Court in the case of Ameer Zeb v. The State, reported in PLD 2012 SC 380, has approved the criteria laid down in Ghulam Murtaza's case.   

 

                   In the light of criteria laid down in the above referred cases, the case of applicant, in my view, does not fall within prohibitory clause of Section 497, Cr.P.C or Section 52 of the Control of Narcotic Substances Act, 1997.  Accordingly, the instant bail application is allowed.  The applicant be released on bail subject to his furnishing surety in the sum of Rs.300,000/- (rupees Three Lacs) and P.R bond in the like amount to the satisfaction of the trial Court.

 

                                                                                                JUDGE