IN THE HIGH COURT OF SINDH, CIRCUIT COURT, LARKANA
Cr. Bail Appln. No.S-603 of 2013.
DATE OF HEARING
ORDER WITH SIGNATURE OF HON’BLE JUDGE
Mr. Faiz Muhammad Larik, advocate for the applicant.
Mr. Imtiaz Ali Jalbani, Assistant Prosecutor General.
The applicant Niaz Hussain Lashari has applied for grant of bail after his bail application was dismissed vide order dated 07.12.2013 passed by the learned Sessions Judge/Special Judge for CNS, Larkana in crime No.45/2013 registered at Police Station Rasheed Waggan, District Larkana, for offence under section 9(c), C.N.S. Act, 1997.
Briefly the prosecution case is that applicant Niaz Hussain Lashari was apprehended on 12.11.2013, at 11.30 a.m., near Janwri Shakh (Minor) situated on Larkana-Rasheed Waggan Road, by a police party headed by SIP Karim Bux Chandio of P.S Rasheed Waggan and charas weighing 1500 grams was allegedly recovered from the possession of the applicant and such F.I.R. was registered.
It is argued by Mr. Faiz Muhammad Larik, learned Counsel for the applicant, that both the mashirs are police officials and the complainant failed to associate any person from public to witness the recovery, therefore, the case of prosecution needs further enquiry.
Mr. Imtiaz Ali Jalbani, learned A. P. G., half-heartedly opposed the grant of bail to the applicant.
I have considered the above submissions and also perused the record.
Perusal of the record shows that the 1500 grams charas was allegedly recovered from the applicant and entire quantity of 1500 grams was sealed and sent for chemical examination. If the criterion with regard to the quantum of sentence as laid down in the case of Ghulam Murtaza's V. The State, reported in PLD 2009 Lahore 362 case (supra) is considered, 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 instant case certainly would not fall within the prohibitory clause of Section 497, Cr.P.C or Section 52 of the Control of Narcotic Substances Act, 1997. Moreover, the criteria of sentence laid down in Ghulam Murtaza's case was approved by the Hon'ble Supreme Court in the case of Ameer Zeb v. The State, reported in PLD 2012 SC 380.
In view of above facts and circumstances, in my opinion the case of applicant 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 is directed to 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.