Raza Abbas @ Kouchi vs The State
This matter concerns a post-arrest bail application filed by the applicant, Raza Abbas @ Kouchi, who was charged with the possession of 2200 grams of charas. The applicant, having been denied bail by the Special Judge (Narcotic), approached the Sindh High Court under Section 497 of the Code of Criminal Procedure 1898. The core legal question was whether the applicant was entitled to bail pending trial, given the arguments regarding his alleged false implication, the lack of independent witnesses, and the pending chemical examiner's report. The Court held that the absence of independent witnesses, despite the police having prior information, combined with the delay in receiving the chemical examiner's report, constituted sufficient grounds to warrant the applicant's release on bail. The Court determined that the case against the applicant required further inquiry. Consequently, the Court admitted the applicant to bail, subject to the furnishing of a surety bond. The key principle laid down is that the absence of independent witnesses in a narcotics case, particularly when the police had prior knowledge of the incident, coupled with a delayed chemical examiner's report, justifies the grant of bail on the basis of further inquiry.
- Does the absence of an independent witness in a narcotics case, despite prior police information, justify the grant of bail?
- Is the pendency of a chemical examiner's report a valid ground for releasing an accused on bail under the principle of further inquiry?
- Can an accused be released on bail under Section 497 of the Code of Criminal Procedure 1898 if the prosecution's case lacks independent corroboration?
- Section 497, Code of Criminal Procedure 1898
ORDER
Irshad Ali Shah J. It is alleged that on arrest from the applic ant was secured 2200 grams of charas by police party of P.S B.Section Shaheed Benazirabad led by SIP Ali Mardan Lund, for that the present case was registered.
2. The applicant on having been refused post arrest bail by learned Special Judge (Narcotic) Shaheed Benazir Abad 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 was taken by police from his house and then was involved in this case falsely by the police; there is no independent witne ss to the incident; the report of chemical examiner is still awaited and applicant is in custody since three months. By contending so, he sought for release of the applicant on bail on the point of further inquiry . In support of his contention he relied upon case of Makhdoom Sajjad vs The State (SBLR 2014 Sindh 1514), Asghar Ali vs The State (2018 MLD 129) and Ali Nawaz vs The State (SBLR 2015 Sindh 232).
4. Learned A.P.G for the State has opposed to release of the applicant on bail by contending that the offence which the applicant has allegedly committed is af fecting the society at large.
5. I have considered the above arguments and perused the record.
6. There is no independent witness to the incident though the complainant was having advanced information about the incident, which appears to be significant; the report of chemical examiner as per charge sheet is still awaited. In these circumstances, a case for release of the applicant on bail on point of further inquiry obviously is made out.
7. In view of above, the applicant is admitted to bail subject to his furnishing surety in sum of Rs.50,000/-and PR bond in the like amount to the satisfaction of learned trial Court.
8. The instant application is disposed of accordingly .