Aziz Khan vs The State
This matter concerns a post-arrest bail application filed by the applicant, Aziz Khan, who was charged alongside a co-accused for the possession of 1700 grams of Charas, following a joint recovery of 7.7 kilograms of narcotics by police. The core legal question was whether the applicant was entitled to bail on the grounds of alleged false implication, the absence of independent witnesses, and the contention that the recovery constituted a borderline case. The Sindh High Court dismissed the application, holding that the applicant was not entitled to bail at this stage. The Court reasoned that the applicant shared liability for the total joint recovery of narcotics, which is a significant quantity affecting society at large. While acknowledging the absence of independent witnesses, the Court found no justification to disbelieve the police version at the tentative stage of bail. The Court established the principle that in cases involving joint recovery of narcotics, the accused may be held liable for the entire quantity recovered, and the lack of independent witnesses does not automatically entitle an accused to bail when reasonable grounds exist to believe the accused is guilty.
- Can an accused be held liable for the entire quantity of narcotics in a case of joint recovery for the purpose of bail?
- Does the absence of independent witnesses in a narcotics case automatically entitle an accused to post-arrest bail?
- Is a police witness's version sufficient to establish reasonable grounds for guilt at the bail stage in a narcotics case?
- Section 497, Code of Criminal Procedure 1898
ORDER
Irshad Ali Shah J. The fact in brief necessary for disposal of instant bail application are that the applicant and co- accused Zulfiqar Ali were apprehended by police party of P.s. Jamshoro led by ASI Ghulam Murtaza and on search from them were secured shoppers containing 1700 and 6000 grams of Charas respectively , for that they were booked and reported upon.
2. The applicant on having been refused post arrest bail by learned Special Judge (CNS) Jamshoro has sought for the same from this court by way of instant bail application u/s 497 Cr .P.C.
3. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police; there is no independent witness to the incident and it is case of border line recovery therefore, the applicant is entitled to be released on bail on point of further inquiry .
4. Learned A.P.G for the State has opposed to release of the applicant on bail by contending that he has to share the liability of entire recovery which is more than 07.7 kg of the charas.
5. I have considered the above arguments and perused the record.
6. The name of the applicant is appearing in the FIR with specific allegation that he and co-accused Zulfiqar Ali were found carrying with them Charas, which is weighed to be 07.7 kg. It was joint recovery therefore, tentatively applicant could not be held liable for the recovery made from him alone. No doubt there is no independent witness to the incident, but there appears no justification to disbelieve the version of the police witnesses at this stage. The offence is affecting the society at large. There appear reasonable grounds to believe that the applicant is guilty of the offence with which he is charged. No case for grant of bail to the applicant is made out. Consequently , the instant bail application is dismissed with direction to learned trial court to dispose of the very case of the applicant within three months positively .