MUSHTAQ ALAM Versus State

ORDER

MUHAMMAD ALAM, J.--- Petitioner, who is involved for the offence of section 9(c) of Control of Narcotic Substances Act, briefly called C.N.S.A., seeks his release on bail, through this petition. Previously, petitioner sought similar facility from the court of Judge Anti-Narcotics/Sessions Judge Gilgit who through his order dated 28-04-2016, rejected the same.

2. Police chalked FIR (FIR No.03/2016) in the Police Station of Anti-Narcotics Force, briefly called ANF, on 18-03-2016 on spy report. Through the said report, police of PS received information that petitioner has huge quantity of Churse Gardah, a narcotics, and is waiting for customer in a petrol pump in Amphary Gilgit. Police drove to the scene of occurrence and arrested the suspect accused, petitioner and conducted search of a shopping bag that he was holding. Police recovered the narcotics of Churse Gardah weighing 1040 grams. Police separated 10 grams from the so recovered churse for sending the same to chemical examiner. After completing the initial proceedings on the scene of occurrence, police took petitioner and the narcotics to the PS.

3. We have heard learned counsel for petitioner and the special prosecutor for ANF at length and have given anxious thought to the arguments advanced by the parties. It is very important to note that the petition in hand has been moved on the grounds similar to that of the petition rejected by the trial court. It is not disputed that by now police concerned has submitted challan, trial proceedings have commenced and the case has been fixed for prosecution evidence. It is also not disputed that a sentence of life imprisonment is the punishment for the offence of the occurrence reported, if established, carries a sentence of life imprisonment. Therefore, the case does not fall within the prohibitory clause of section 497, Cr.P.C. As has already been remarked that the grounds of this petition are similar to that of the petition of petitioner rejected through impugned order, therefore, this court also is supposed to tentatively assess the prosecution evidence available on police file. Tentative assessment of the prosecution evidence available on police file, very clearly shows that police has arrested the petitioner red handed and there is prima facie sufficient evidence, at least prima facie connecting the petitioner with the occurrence. Police has prima facie recovered the narcotics from the petitioner in presence of eye -witnesses. The report of the expert is positive regarding the sample of the recovered narcotics sent to the chemical examiner. We, therefore, hold that at this stage of the case, there is prima facie evidence connecting the petitioner with the occurrence, therefore, petitioner is not entitled to the bail facility. Petition dismissed. This file be consigned to record.

WA/27/GB Bail refused.