2020 YLRN 121

MANZOOR AHMED Versus State

Citation2020 YLRN 121

CourtGilgit-Baltistan Chief Court

Judge(s)Malik Haq Nawaz and Ali Baig

ORDER

MALIK HAQ NAWAZ, J. ---The petitioner Manzoor Ahmed has been looked for the offence under section 9(c) CNSA, 1997 vide FIR No. 98/2019 dated 25-07-2019 registered at Police Station Jutial Gilgit.

2. After having been failed to obtain the concession of bail from the learned Special Judge Gilgit, the petitioner has approached this Court for concession of post arrest bail.

3. The learned counsel for the petitioner submitted that the case has been registered/investigated by the local police instead of ANF, which is an apparent irregularity. Per learned counsel the provision of section 103, Cr.P.C. have been violated on the false plea that none from the public was willing to become a witness. The recovery has effected from both accused, the petitioner and one Mufeed Ahmed son of Aman Safaid are jointly responsible for the recovery, which is evident from the FIR. The case of the petitioner is one of the further inquiry falling under section 497(2), Cr.P.C. and the petitioner is entitled for concession of bail.

4. The learned Dy. Advocate General opposed the petition and submitted that the petitioner was caught red handed and from the search of a brief case, which the petitioner was carrying a huge quantity of charas weighing 7 Kg and 100 grams was recovered. The punishment provided for the offence is death and the petitioner is not entitled for the concession of bail.

5. The petitioner is directly charged in the FIR. The brief case from which the huge quantity of charas was recovered carried by the petitioner, such a huge quantity of charas cannot be planted falsely. The contention of the learned counsel that no independent witnesses were associated in the recover proceedings is not tenable, as the association of private witnesses in such like cases has been excluded by virtue of section 25 of CNSA, 1997. Even otherwise the police witnesses are as good witnesses as any other public witness, till some adverse circumstances are brought on record for non believing an official witness.

6. There is a prima facie case against the petitioner and he is not entitled for concession of bail. The instant bail petition is dismissed accordingly being meritless.

SA/156/GB Bail declined.