MUNIR AHMED KHANZADA Versus State
ORDER
KHADIM HUSSAIN M. SHAIKH, J .---By means of this bail application, applicants Munir Ahmed and Zakir Shah seek their release on post-arrest bail in the case emanating from Crime No.24 of 2020, for offence under sections 269, 270, 337-J, P.P.C, registered at Police Station Tando Muhammad Khan, after their plea for post-arrest bail has been declined by dismissing their Criminal bail application vide order dated 15.02.2020, passed by the learned Sessions Judge Tando Muhammad Khan.
2. Briefly, the facts of the prosecution case are that on 29.01.2020, a police party headed by complainant ASI Ghulam Shabir Abro, while on snap checking at Shaheed Baba Check Post on Tando Muhammad Khan-Hyderabad road, apprehended applicants Munir Ahmed and Zakir Shah at 1540 hours, while transporting 30 Kilograms powder of mainpuries in the Rickshaw bearing Engine No.SSR-102154 and Chasiss No.SSA-07886301, in their possession, which was sealed at the spot and such mashirnama was prepared in presence of mashirs namely HC Abdul Khaliq and Muhammad Zikria and then the recovered contraband substance and the arrested accused were brought at Police Station Tando Muhammad Khan where the subject FIR was registered on behalf of State. After the investigation, the applicants were sent-up to face their trial. The bail application of the applicants has been dismissed by the learned Trial Court vide order dated 15.02.2020, hence this bail application.
3. The learned counsel for the applicants has mainly contended that nothing was recovered from the possession of the applicants and the aforesaid contraband substance has been foisted upon them by the police; that all the PWs are police personnel and no independent person is cited as witness or mashir by the police; that the learned counsel referring to the receipt dated 29.01.2020 showing purchase of 25 KGs tobacco from Messrs Seven Star Tobacco Hyderabad, has stated that the substance recovered from the applicants is tobacco, which is not prohibited and is being sold under silence; and, that the case requires further inquiry into the guilt of the applicants. The learned counsel prays that the applicants may be enlarged on bail. The learned counsel places his reliance on order dated 10.02.2020, passed by this Court in Criminal Bail Application No.S-65 of 2020 and prays that the applicants may be granted bail.
4. Learned Assistant Prosecutor General, Sindh has mainly contended that the applicants are nominated in the FIR and huge quantity of 30 Kilograms powder of mainpuries, valuing more than one lack rupees, which is injurious, spreading infection and dangerous diseases to the human beings, has been recovered from the applicants; and, that there is no mala fide or question of false implication of the applicants in this case involving such huge quantity of contraband substance. Learned Assistant Prosecutor General, Sindh prays for dismissal of bail application.
5. I have considered the submissions of the learned counsel for the applicants and the learned Assistant Prosecutor General, Sindh and have gone through the material brought on the record and the police file with the assistance of learned Assistant Prosecutor General, Sindh.
6. From a perusal of the record it would be seen that police recovered 30 Kilograms powder of mainpuries, which is dangerous substance injurious to the health of the human beings from applicants Munir Ahmed and Zakir Shah, which is spreading deadly diseases and such huge quantity of substance, could not be foisted upon the applicants, more particularly, in view of the fact that no mala fide or ill will against the police prima facie is alleged by the applicants; P. Ws in their statements recorded under section 161, Cr.P.C., have supported the version of the complainant; there is sufficient material available with the prosecution to connect applicants Munir Ahmed and Zakir Shah with this heinous crime against the society and, in my humble view, the bail cannot be claimed as matter of right in the cases like case one in hand, involving such huge quantity of contraband substance, which needless to say is more dangerous than narcotics, as it is known to cause a major life threatening disease mouth cancer and serious disease oral submucous fibrosis; this disease does not regress and has no known cure and this crime against the society is affecting the public at large, ruining the people of young age and mostly the poor families, on loosing their breadwinners and by selling their entire valuable belongings, spent that money in their treatments etc; the offence under section 337-J, P.P.C. carrying punishment upto ten (10) years which falls within the prohibitory clause of section 497, Cr.P.C; and the applicants have admitted the recovery of subject contraband substance from them by contending that it is tobacco purchased by them from the Market, which rather adversely reflects upon the applicants. Under these circumstances, I am of the considered view that applicants Munir Ahmed and Zakir Shah have failed to make out their case for grant of bail. Accordingly, this bail application having no merit is dismissed. However, the learned trial court is required to conclude the trial preferably in one month from the date of receipt of this Order.
7. Needless to add that the observations made hereinabove are tentative in nature only for the purpose of deciding this bail application, which shall not influence the learned trial court at the time of final decision of the subject case.
SA/M-167/Sindh Application dismissed.