Ghulam Hussain alias Sudheer vs The State
This matter concerns a post-arrest bail application filed under Section 497, Code of Criminal Procedure 1898, by an applicant charged with the possession of 1480 grams of charas. The applicant contended that he was falsely implicated due to political influence and highlighted a five-day delay in sending the recovered contraband to the Chemical Examiner, arguing that these factors warranted further inquiry. The State opposed the application, asserting that the offence significantly impacts society. The Court observed that the recovery was made by a police party and that, at the bail stage, it would be premature to declare the applicant innocent or to resolve the issue of the delay in sending the samples to the Chemical Examiner. Noting that the Chemical Examiner's report was positive and that the offence carries a minimum sentence of nine years, the Court held that there were reasonable grounds to believe the applicant was guilty. Consequently, the Court dismissed the bail application, directing the trial court to expedite the proceedings within two months.
- Does a five-day delay in sending recovered narcotics to the Chemical Examiner automatically entitle an accused to bail?
- Can a court at the bail stage definitively resolve the issue of alleged false implication by police?
- Is the absence of independent witnesses to a narcotics recovery sufficient grounds to grant bail?
- Section 497, Code of Criminal Procedure 1898
IRSHAD ALI SHAH, J.
1. Over ruled.
2. Granted.
3. It is alleged that on arrest from the applicant has been secured 1480 grams of charas by the police party of P.S Ranipur, for that he was booked and reported upon by the police. On refusal of bail by the learned 1st Additional Sessions Judge (MCTC/CNS) Khairpur, the applicant has sought for the same from this Court by way of instant application under section 497, Cr.P.C.
2. It is contended by learned counsel for the applicant that the applicant being innocent has been involved in this case falsely by the police due to political influence; the charas has been sent to Chemical Examiner with delay of about 05 days and the case has finally been challaned; therefore the applicant is entitled to be admitted to bail as his case is calling for further inquiry, which is opposed by learned DPG for the State by contending that the offence alleged against the applicant is affecting the society. In support of his contention he relied upon case of Gul Din v. The State (2023 SCMR 306).
Heard arguments and perused the record.
As per FIR, on arrest of the applicant has been secured 1480 grams of Charas by police party of PS Ranipur, which was led by ASI Ramz Ali. In that situation it would be premature to say that the applicant being innocent has been involved in this case falsely by the police by foisting upon him such recovery. No doubt there is no independent witness to the incident but for this reason, the complainant and his witnesses could not be disbelieved at this stage. No doubt charas has been sent to Chemical Examiner with delay of about 05 days but such delay could not be resolved by this Court at this stage. The report of the chemical examiner is in positive. The minimum sentence prescribed by law for the alleged offence by way of Amendment now is nine years. The offence alleged against the applicant 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; thus, no case for his release on bail on point of further inquiry is made out.
Consequent upon above discussion, the instant bail application is dismissed, with direction to learned trial Court to expedite the disposal of very case against him preferably within two months, after receipt of copy of this order.
Cited by 2 cases
- Ghulam Hussain vs The State 2025 SHC 166
- Ghulam Hussain Versus State 2026 PCrLJ 196