MUHAMMAD SALEEM Versus THE STATE

ORDER

1. GHULAM NABI SOOMRO, J. ‑‑‑The applicant, Muhammad Saleem, seeks bail in case under sections 6/9(b), Control of Narcotic Substances Act, 1997 (hereinafter referred to as the Act) (F.I.R. No. 125 of 1999 Police Station Baghdadi) pending trial in the Court of learned Sessions/Special Judge (Narcotics) Karachi, South.

2. Facts of the prosecution case briefly stated are that the complainant, S.H.O. Gulzar Ali, on receipt of spy information, proceeded to a place near Kakri ground. within the jurisdiction of his police station where he happened to apprehend a person and on search of that person he secured about 1 Kg. of charas from the possession of the said person. The said person, on enquiry disclosed his name as Muhammad Saleem son of Abdul Rasheed Khan, the applicant abovenamed. The property and the accused were then taken to police station where F.I.R. was lodged.

3. It has been contended on behalf of the applicant that the applicant has been falsely implicated and the story has been cooked up against him at the instigation of S.‑I. Abdul Khaliq of same police station against whom an enquiry is pending before A.I.‑G., Police Establishment, Karachi. It is further contended that the quantity of charas allegedly secured from the possession, of the applicant is no more than 1 Kg. Hence the case against the applicant would fall under section 9(b)' of the Act which offence is not punishable for more than 7 years' R.I. Learned counsel has placed reliance upon the case reported in PLD 1995 SC 34.

4. On the other hand, learned A.A.‑G. has not controverted any of the contentions raised on behalf of the applicant and has conceded to the grant of bail to the applicant.

5. Admittedly, the offence is not punishable for more than 7 years. A The Mashirs of alleged recovery of charas are the members of the same raiding party. The factum of enquiry Mashir S.‑I. Abdul Khalia allegedly being instrumental in the case against the applicant, is also a circumstance which brings the case against the applicant within the compass of section 497(2), Cr.P.C.

6. Under these circumstances, we grant‑bail to the applicant subject to his furnishing security in the sum of Rs.50,000 and P.R. Bond in the like sum to the satisfaction of the Nazir of this Court.

7. H.B.T./M‑331/K ????????????????????????????????????????????????????????????????????????????????????????????? Bail granted.