SAIF-UR-REHMAN Versus The STATE

1. RAJA JALAL-UD-DIN, J.--- This petition has been directed against the order dated 30-9-2014 passed by the learned Division Bench of the Chief Court Gilgit-Baltistan whereby the application filed under section 497, Cr.P.C. for grant of post arrest bail in case FIR No.06/2014 registered under section 9(c) of Control of Narcotic Substances Act, 1997 was dismissed.

2. The appellant/petitioner namely Saif-ur-Rehman has been arrested and detained for possession of "Charas Gardah" weighing 3000 grams and FIR recorded by the Anti-Narcotics Police Gilgit under section 9 (CNSA). The petitioner preferred a bail application before the trial court which was declined and the same was also declined by the Chief Court Gilgit-Baltistan.

3. Being aggrieved by the same the petitioner preferred the bail application under adjudication in this court. The learned counsel for the petitioner is of the view that the case made out against him is concocted and he has falsely been implicated in the case. The merits of the investigation are also in his favour, thereby entitling him for concession of bail.

4. The case is of a nature where the benefit of doubt should have been extended in his favour and also that it was a fit case for further inquiry and thereby the concession of bail should have been extended in his favour. The learned counsel for the petitioner is also of the view that the story forwarded by the prosecution is not plausible and many facts have been concealed. The investigation of the case has not properly been conducted. The mandatory provisions of section 103, Cr.P.C. have not been followed and no private individuals have been cited as recovery witnesses.

5. The ANF through Haji Jamal Khan, Advocate Special Prosecutor argued that the matter is a straight forward case of narcotics recovered from the accused in broad-daylight. The petitioner being a drug dealer, had been carrying-out his business for quite some time in Gilgit-Baltistan. He supplied drugs to other dealers throughout the area. There is no mala fide intention of implicating the accused who belongs to Patan Kohistan. There is no infirmity in the investigation of the case entitling the petitioner for the concession of bail.

6. We have perused the file on the points raised by the counsel for the petitioner. The information regarding the possession of drugs by Saif-ur-Rehman petitioner was given by another accused Ghazanfar Ali who had been arrested for possession of drugs in FIR No.5/2014 Police Station.

7. The recovery of the drugs has taken place in broad-daylight and witnesses cited as per the requirements of section 25 of C.N.S.A., 1997, where the applicability and the necessity of section 103, Cr.P.C. is not validated.

8. We feel that there is a prima facie case against the accused and hence the petition is declined. However the Special Prosecutor ANF Gilgit Haji Jamal Khan, Advocate assures the court that he is ready to adduce all his witnesses in Court and conclusion of the trial will be facilitated within one month from today. The undertaking of the counsel for Anti Narcotics Force should be honored by him and the case to be concluded within one month from today as pledged. If not done so the petitioner is at liberty to move a fresh bail application in the trial Court with the issue of delay, if the pledge of concluding of the trial is not completed within the specified period.

9. In view of what has been discussed above, the instant petition is converted into appeal and the same is dismissed as having been meritless and without any substance.

10. HBT/24/GB Bail refused.