DHANI BUX alias IJAZ vs THE STATE
This matter arises from a post-arrest bail application filed by the applicant Dhani Bux alias Ijaz, who was implicated in Crime No. 11 of 2006 registered at Police Station Sehwan for the alleged possession of 1010 grams of Charas. The core legal question concerns whether the applicant is entitled to the concession of post-arrest bail in view of potential mala fides, doubtful recovery, and delay in sending the sample for chemical examination. The Sindh High Court held that the case called for further inquiry under the statutory framework, noting that a direct complaint had been filed against the police officials and the mashir of recovery by the applicant's brother prior to the registration of the F.I.R., alongside a considerable delay in chemical examination. The court consequently granted bail to the applicant subject to the furnishing of required surety, laying down the principle that prior mala fides through direct complaints against raiding officers and delayed forensic analysis can bring a narcotics case within the scope of further inquiry.
- Whether delay in sending the recovered contraband sample for chemical examination justifies the grant of post-arrest bail?
- Does the filing of a prior direct complaint against police officials by an accused's family member constitute grounds for further inquiry in a narcotics case?
- Is an accused entitled to bail when the circumstances of the recovery create sufficient room for further inquiry under criminal jurisprudence?
ORDER
1. ' Being involved in Crime No,11 of 2006, registered at Police Station Sehwan for possessing 1010 grams of Charas, the applicant has prayed for grant of bail.
2. ' It is contended that the applicant has been falsely implicated and that the recovery is doubtful.
3. There is delay in sending the sample to the laboratory.
4. ' Learned State counsel submits that though the offence is punishable by 14 years, but, there is room for further inquiry in view of the fact that 11 days before lodgment of the F.I.R. Against the applicant, his brother has filed a direct complaint against the police officials which is pending before the learned Sessions Judge, Jamshoro.
5. ' The contentions put forward have been considered and the material placed on record has been perused.
6. ' A certified true copy of the complaint and orders passed on the statement of the complainant Rahim Bux have been placed on record, to show that the complaint was presented before the Civil Judge on 9-1-2006 and that Sessions Judge passed orders for holding preliminary enquiry on 16-1- 2006. Both the actions were taken before the registration of F.I.R. Which was registered on 20-1- 2006. The complainant in the case as well as the Mashir of recovery namely Muhammad Ashraf Shahani have been duly implicated in the direct complaint. Besides that there is considerable delay in sending the material for chemical examination.
7. ' In the circumstances, the case of the applicant calls for further inquiry. Thus, entitling him to the concession of bail.
8. ' The applicant is accordingly granted bail subject to furnishing surety in the sum of Rs,1,00,000 (Rupees one lac) and P.R. Bond of the like amount to the satisfaction of trial Court.